The Express.
London, England, 1859-12-23 00:00:00

Wm fatalism

EQUITY COURTS.—Dic. 22.
(Before the Mester of the Rolla.)
°ODDS= 9. OAILZT.

It will ke remembired that the *Wig to this case, the
Mavis hishom Name Ooddsou Rhea Bshadoor, is
the vsksel or minister of the Bin of Cola, and that the
Noolvis institute! this suit for the purpose of having deli-
vered up to kiss Ave thin of exchaage, anacuatag altogether
to 10,8001., as having bees fraudulently obtained hem him.
A few week' ego the plaintiff moved to have on optics at
Mw which wee that hang proseasted, and is which the
meat deimdent, Oakley, was plaintiff, spinet the Mani-
as In respect of one of the bills (vie., one for 8,800/) stayed
until the hearing of this cause, upon the ground that the
plaintiff was entitled to relief In a court of equity,
the entire trassactiou being alleged to be frauds-
, latt. The court then ordered that the mottos
should stand one until after the remelt of the
trial at law became knows, and gave liberty to either party
then to bring it on maa. houghs to be mentioned that the
motion also included the delivery up of all the bills of m-
elange in quacks, so as to prevent any hada &otiose
spina the Manias span then.
Mr. R. Palmer, Q.C., Mr. Bird, and 11r. 0. Basting!,
were for the stabs; Kr. Selwyn, Q.C., and Mr. J. N.
Higgins, appeared tat the defendant Oakley, end opposed
any decision at prima, inasmuch as the make at law,
although it imputed sauce of a fraud to Oakley's agent, did
not imply that he himself had any knowledge of it. Ha won
therefore about to move at law for a sew trial, or for judg-
meat to be recorded In his favour, on swain points of law
which had been reserved at the neat trial before Chief
Justice Erie. .

I.'l;lCter of the Rolls oldersd that the motion should
stand over until the second seal of the next term, by which
time the defendant's (Oakley's) rlght at law would be de.
twinkled.

COURT OF QUEEN'S BENCH.—Dsc. 22.

Nisi Pew is Lostica.—(Beibri the Lad Chid
Justin and flpseisi holes.)
MUTTON /P. 7711 RAU/IWO LITZ ASSUILLMCI COMPANY.

Thie case occupied the oourt a part of Wednesday and the
whole of this day. It wee the mooed time that It was sub-
mitted to e jary ; far the former trial, when the verdict was
for the plaint 4 was set aside, and a new one ordered, on the
ground of the verdict being uncertain, and for misdirection
on the part of Lord Campbell, who was the presiding judge.
Berjmnt Shee, Mr. Huddleeton, Q.C., and Mr. Bereeford
impaired for the plalistifr; Mr. Edwin James, Q.C., Mr.
Hawkins, Q.C.. and Mr. T. Salter fur the defendants.
The plaintiff was a Mrs. Such Anne Hutton, the exe.
cute: of her husband, the late Mr. Thomas Hutton, and the
deolaration wait upon a pulley of insurance granted to Mr.
Hutton for 2,5001. by the defendants' company. The de-
claration stated that certain =ewers made by the lam
Thews' Hutton to the ompany were to be the basis of the
contract between them, and it went on to term that those
answers were true. _

111;chfe7d7tate planed a great variety of_pisea upon the
mooed, but the material ones were theas—First, that the
exageny bad been induced by fraud to make the policy;
secondly, that certain miereprvientatione were made to these
by Thema@ Hutton ; thirdly, that certain answers given by
him were untrue. Butetantlally, however, the issues which
the defence raised were that the doomed had made untrue

itatenteet7tO them with regard to hie habits of temperance,
sod likewise that he bad made runtish statements with mopes
to his medical attendant at the time the propose' wee made.
The Chief Juana summed op is the most lucid man-
ner, pronouncing the cue, with respect to the contrariety of
the evidence, as one of the most extraordinary within hie
ezperieme. Hs left it to the jury to sty-Ist, whether the
damned at the tiros the policy was effected was of Were-
prate habits ; 2nd, whether Mr. Hutton was justified in
styling Dr. Cobb his ordinary medical attendant ; sad if
not whether he had made the statement bent dde.
After en absence of about half-an-hour the jury Marna
into court with a verdict for the defendaste. They fossil am
follows : —let, that the deceased, Mr. Hutton, at the time of
amnia( the polity was of intemperate habits; god, that Dr.
Cobb was not his ordinary medical attendant, but that he
had Mated so bent dde.
IfartUct for the defendants accordingly.

COURT OF PROBATE AND DIVORCE.
Dso. 22.
(Before the Judge Ordinary.)
MOSER O. 11101111.-COIIVOLL 110071.
This part-beard case was a ant for the relation= of con-
jugal rights, promoted by the wife of Mr. Morrie, of Led-
Casten-halt, Leicestershire. To-day a defect blebs evidence
was 'applied, sad
Sir C. Crowell sods s doom as mot.