The Express.
London, England, 1867-02-12 00:00:00

FEBRUARY 12, 1867.

*parting 3Entelaigenct.

TATTERSALL'&-MOIIDAY.
The attendance at Albert-gate to-day as. moderately good.
but there was again a marked absence of the " gentlemen" ism:-
Hon, and probably it was from this cause that the bets booked
were but a small percentage on the Wham made. The sudden
and extraordinary retrogression of Christmas Carol at the clubs
in the morning invested the movements on the Lincoln Handi-
cap with a special interest. The offers against the quondam
favourite gradually increased from 10 to 1 to 20 to 1, at which
price a " pony " was Invested. and some smaller outlays on the
same terms were made. This opportune support led to a partial
, reaction, and one speculator offered to accept 100 to 0, but
layers now limited their quotations to 100 to 7. Meanwhile,
Bismarck and Sainhartnneter were advanced to the front rank,
the price being the some in each ease, namely, 10 to I offered,
and itio to 8 wanted; but no actual transaction came under our
notice. The Chester Cup was all but barren of results,
the only horse backed being Lecturer, about whom
15 to 1 was taken to amen amount : au attempt was made to
lay against three in the same stable—The Duke, Comers, and
,john Davis—but without effect. There was also a disposition to
operate against Moulaey, and the comparatively liberal price of
1000 to 30 was put up without a response. The Grand halloos'
was also devoid of an like active speculation ; lets to 6 was
offered in vain against each of the favourites, Sarney and
('oIIIIIIIAN and a solitary transaction effected about Shakespeare
represented the sum total of operations in this direction. For
the Two Thousand Guineas there could be no two opinions about
the reinstatement of Plaudit in public favour. ho wielder of
the pencil would vesture beyowl the otter of 3 to 1, and the
slightest concession on the part of bookmaker, would have led
to a large amount of business being done. Dl:Warne! retained
his characteristic steadiness 900 to 100 was hooked in one bet,
and the same odds were readily accepted in minor transaction&
The somewhat stale endeavour to lay against rlauslit was re-
newed, a leviathan speculator desiring to operate In hundreds or
...monkeys:" but the final otter of 13 to 1 provoked one reply only, I
that 14 to 1 would be taken to a small sum. several Inquiries
were made alter Dragon, and he would have been backed to win
a good stake had the price suited, but the offers of LS to 1 could I
not tempt an outlay. Hermit, as of late, was friendless at le to
I offered, not • siugle voice being raised in his behalf. Nor was
Marksman greatly fancied ; a stray bet or two was now and then
booked at 20 to 1, but these offers were pretty numerous through-
out. Grand Cress found a supporter at 2,500 to 100, and it ap-
pared at one time as though his price was about to become
lees, hut these odds were at the CIO,e forthcoming from more
quarters than one. Taraban was In some request, for after 2,000
to 60 had been laid, 30 to 1 was asked for, and could not he
obtained. Among the outsiders who bade fair to he lucked was
Harpenden, his intending supporter offering to accept 5,000 to
td, and, as will be seen by the quotation., the gap that kept la
and barker asunder was of the narrowest. The afternoon's
traneactions wound up with • bet of ten fifties against - the
French lot;" and the following were the quotations at the
close :
LINCOLNSHIRE HAN DICA P.
10 to 1 agst captain Hawksley's Bismarck, 3 yrs, fist Mb
'oft 1 100 to 8)
10 to I Mr. Godwin's Saccharometer, aged, get (off, t
100 to 8)
20 to 1 Mr. R. Walker's Christmas Carol, 5 yes, 7st 12Ib
(t, 100 to 6 afterwards wanted)
90 to 1 Mr. R. itsetwood's Rejoinder, 3 yrs, Gst 211. 'off,
LIVERPOOL GRAND NATIONAL
100 to G sgst Mr. J. Nightingall's Burney, 5 yrs, 10st 31b
(off, t 20 to 1)
100 to 6 Colonel G. W. Knox's Columbia, aged, lOst 121 b
toff)
20 to 1 Mr. Barber's Fan, 5 yrs, lost 311 s (off
1000 to 40 Mr. B. J. Angell's Rbodomontade, 6 pa, lOst 911,
oir)
30 to 1 Mr. Careves Shakespeare, 6 yrs, Ilst lib (t)
30 to 1 Mr. W. Mytton's Doctor, 6 yrs, lost 81b (off)
40 to 1 Mr. Vallendees Little Frank, aged,lo4llllbastf)
CHESTER CUP.
15 to 1 apt Marquis of outings' Lectsrer,4 yes, fat Lb (ti
1000 to 30 M arquis of Mathias' The Duke, 5 yrs, int 31be8;
1000 to 30 Lord Bateman's Moulsey, 6 ym,lat (off)
40 to 1 Duke of Beanket's Oomera, 5 yrs, 7st Mb (offs
1000 to 15 Mr. J. Day as John Davis, 6 yrs, Sat 101 b (A
TWO THOUSAND GUINEA&
3to 1 apt Major Plaudit (off, t 100 to 30)
9to 1 Duke of Newcastle's Julius tloto 1)
10 to 1 Mr. Mertys Marksman !.,tP
12 to 1 Mr. Chaplin'a Hermit (Mt t 100 to 71
1000 to 40 Sir Joseph Hawley's The Palmer (off)
1000 to 20 Mr. C. Peck's Beanstalk ,off)
1000 to 16 Mr. Hugh Smith's Fairfield (off, t 1000 to 10;
1000 to 15 Mr. It. Eastwood's Lord Ilastlngs (off,
1000 to 10 Mr. Chaplin's Pedagogue (off)
DF.RBY.
7to 1 apt Mr. Pryor's The Rake (off, tBto 1)
9to 1 —11 r. H. Smile's D'Estournel (t)
13 to 1 Major Elwon's Plaudit (off, 114 to 1)
15 to I Count F. de Lagrange's Dragon MY)
18 to 1 Mr. thaplin's Hermit Itd)
20 to 1 Mr. Merry's Markman (t and off)
25 to 1 Lord Exeter's Greed Cress t)
25 to 1 Mr. R. Eastwood's Master Butterfly (off)
1000 to 30 Mr. Bowes's Taraban 4,30 to 1 afterwards w)
1000 to 30 Duke of Newcastle's Julius :off, t4O to 1)
40 to 1 Lord Stanford's Sir Oliver foff)
1000 to 10 Mr. Chaplin's Pedagogue (t)
1000 to 10 Mr. J. Stephenson 's Stradbroke 'off)
1003 to 10 Count F. de Lagrange's Imperatur oli )
5000 to 40 Mr. Smith's Harpenden ;off,
10 to 1 The French lot ,t)

BETTING LN LONDON.—MONDAYArrigasooN.

There was a numerous attendance at the clubs, and • fair
amount of Wainer transacted. As soon as the opened
ou the Lincoln Handicap It was evident that some was
wrong with the favourite. His first downward stage was from
13 to 1 to 100 to 12, at which point a few investments were made,
he then made another retrogressive movement, until 100 to 8
was reached, when a few more outlays were ventured upon, and
after this he quickly fell to 100 to 6, and finally 100 to J. at which
Wee one gentleman laid about LOO, without however Influencing
the horse's position In the slightest degree, as the same offers
were Industriously put about to the close. Of the remainder,
Bismarck and Saccharometer were the hones hacked for most
Money, they being about equal favourites. Mount Palatine,
Copenhagen, Vigorous, and Sultan were also each entrusted with
FortbeLiverpoolGrand NationalßurneybadthecalLbeing
geminated at 16 to 1 ; and Columbia would also have been backed
but for the difference of a single point between layer end backer.
Cottolvln found • supporter at &J to 1, and nothing else was
done. For the City and Suburban, John Halifax and Gretna
ware each backed at 1,000 to 30, these being the only two trans-
actions on that shelved race. The little speculation that took
place on the Cheater Cap showed Lecturer to be still the
favourite. A commlstioner succeeded In obtaining 900 to 90, but
the current offer was 100 to 7. Proserpine was friendless at 20
to 1, offered; but Newland, Archimedes, and Bracken were each
supported toe limited extent at their respective quotations. Por
the Two Thousand Guineas Plaudit was esceedingly ftnn, 900 to
100 was taken In one bet, and at the least advance upon this
price he would have met with liberal support. Julius and Marks-
man were each at 10 to 1 offered, and Hermit at 11 to 1, the
whole three being apparently deserted by their friends For the
=the Rake had still an improving appearance, bS to 1 being
taken, with Layers somewhat scarce; 600 to 30 was
accepted about Drumm, 40 to 1 each Julius and Taraten, and
1,000 to 10 imperator. Appended are the closing quotations :

It to 1 apt

ILslu Nittellistrue.

EQUITY COURTS.-FEB. 11.
(Before the Lord Jxudices.)

DX THE AGRA AND WANTERNAN.B BANK (LINITI74-11 PARTS
THY WHAM BANKING CORPORATION (Lietreid.
This was an appeal from a decision of the Vice-Chan-
cellor Sir W. P. Vi'ood. The following are the short facts
of the ease :—On the 31st of October, 1065, the Agra and
ilsatenuan's Bonk granted to Messrs. Dickson, Tatham,
and Co., merchants, tarrying ou business in Ceylon, a
letter of credit in the following terms : " No. 301. You are
hereby authorised to draw upon this bank at six months'
sight, to the extent of 15,000/. sterling, and such draughts
I undertake duly to honour on presentation. This credit
will remain in force for twelve months from this date, and
parties negotiating bills under it are requested to endorse
particulars on the back hereof. The bills must
specify that they are drawn under credit Ns, 304,
of the 31st of October, 1865." That letter was
addressed to Messrs. Dickson,i Tatham, and Co., and was
signed by the general manager and the chief accountant
of the Agra and Masterman's Bank. On the 24th of May,
1066, Dickson, Tatham, and Co. drew four bills for
10)d1. each upo Agra and Masterman's Bunk. These
bills purported to be drawn in pursuance of the above
letter of credit. On the 26th of May, 1866, Dickson,
Tatham, and Co. sold these bills to the agent in Ceylon
of the Asiatic Banking Corporation. The letter of credit
was then produced to the agent, and he indorsed on it
the particulars of the bills so purchased by him. The
official liquidator of the Agra and Masterman's Bank re-
fused to allow the claim of the Asiatic Banking Corpora-
tion for the amount of those bills, upon the ground that a
larger sum was due to the bank from Dickson, Tatham, and
Co. The official liquidator of the Asiatic Banking Corpo-
ration carried in his claim against the hank. The Vico-
Chancellor having refused the claim of the Asiatic Corpo-
ration, the official liquidator of that corporation appealed.
Mr. (littera, Q.C., Mr. Hannen (of the common law bar),
and Mr. Kekewich appeared for the appellant ; Mr.
Dickinson, Q.C., and Mr. Roxburgh, Q.C., for the official
liquidators of the bank.
I Lord Justice Turner said that whatever might be the
effect at law of the letter of credit, it seemed to him that
there would have been a clear cube in equity to emnpel
the Agra and Masterman's Bank to accept and pay bills
drawnin pursuance of the letter. The latter part of the
letter was, though not in form yet in substance, ad-
dressed to the persons who should negotiate bills drawn
under it, and was intended to be shown to those persons,
and it would be impossible to allow the bank to any to
those persons, after they lout resat the letter, that they
(the bank) would not pay the hills became • debt WM due
to them from the persons to whom the letter of credit was
given.
Lord Justice Cairns said that though the letter of credit
warn in form addressed to Dickson, Tatham, and Co., it
was evidently written with the intention that it should be
shown to the persons who might negotiate bills drawn
under it. The letter amounted to a general invitation on
the part of the bank to the persons who saw the letter to
negotiate the bills drawn under it upon the faith of their
being accepted and paid by the hank. The claim of the
liquidator of the Asiatic Bank niugt, therefore, be allowed,
and the costs of the liquidators of both the hanks woul.l
be paid out of the estate of the Agra and Mastenuan's
Dank.

(Before the Master of the Rolls.)
HEFTER r. IIARTTN.

The question in this case was a novel one. The bill in
the suit was filed by a purchaser of real estate sold at •
public auction, and it prayed a decree for the specific per-
formance by the defendants, the vendors, of their contract
to sell the property. The principal ground on which the
defendants refused to perform their contract, was that the
harchaser had offered to • person who would otherwise
ve been a bidder for the property, a sum of 5001. not to
bid for it; the result of which was, that the purchaser got
the estate knocked down to him for a sum of about 3,0001.
instead of 5,0001. or 6.0001., which the vendors insisted
was the true-value of the estate.

Mr. Selwyn, Q.C., and Mr. Graham Hastings appeared
for the plaintiff •, Mr. Southgate, Q.C., and Mr. Lang.
worthy, for some of the defendants.
Mr. Baggallay, Q.C. and Mr. Swanton, for the vendors
of the property, charaCterised this case as the first attempt
that had been made to obtain the assistance of this court
to uphold what, if it had been a sale of personal estate,
would have been a " knock out" sale, and contended that,
under the circumstances, the plaintiff was not entitled to
the relief he sought.
Lord Romilly, having reserved his judgment, this morn-
ing delivered it, and held that the plaintiff was entitled to
a decree for the specific performance of the contract.
IN RE THE MERCANTILE MARINE INRCRANCI ARIIOCIATION.

In this matter a petition was presented by several of the
shareholders in the comginey, praying for an order to wind
it up. It appeared that the rules of the society a special
resolution was required to made toren order to wind it up,
and such resolution was to be passed at a meeting where
the majority who passed it should be one of at least two-
thirds of the members present. A meeting was held, and
a resolution passed that the company should be wound
up compulsorily ; but that resolution was not passed by
the requisite majority of members present at the meeting.
It further appeared that the company, which was one for
the insurance of the hulls of vowels, hadan interest in the
profits of another company, called the British and Foreign
Marine Insurance Company, which was one for the insur-
ance of freights and goods only.
Mr. Roxburgh, Q.('., and Mr. Lindley appeared in sup-
port of the petition. Mr. Selwyn, Q.C., and Mr. Eddie,
for other parties, opposed it.
Lord Itomilly, after stating the facts of the awe, and
'Aerating to the circumstance that it was peculiar to the
law of England that insurances of the hulls of vessels,
and insurances of the freights and goods on board, should
be the subject of separate insurance, held that upon the
whole case he must refuse to make any winding-up order
on the petition, and that it must be dismissed with costa.
IN El THE LONDON ANT) HAMBURG SAN[.—EI PASTE
EVANS.

This was an application to the court on behalf of lir.
Evans, for an order declaring that he was not liable to be
• contributory to this company. It appeared that he had
signed the articles of association, and had been named as
• director of the company, but had no shares allotted to
him, and bad not had hia name registered as a share-
holder.

Mr. Locoek Webb appeared for Mr. Evans ; and Mr.
Selwyn, t 2. C., and Mr. Graham Hastings for the official
liquidator of the company ; but they were not called
upon.
Lord Hominy said that it was the duty of persons who
held themselves out to the world in connexion with these
companies to do all acts necessary foe giving the public
confidence in them. Mr. Evans ought to have got his
name registered as soon as possible, and, not having done
so, be could not now come to this court and take advan-
tage of his own neglect of duty, but must be held to be a
contributory to this company.