The Express.
London, England, 1859-07-01 00:00:00

'Lab inteUtgaut.

FULL COURT lON DIVORCE AND MATRIMONIAL CAUdEB.
W IMIT METZ&
dicidaga
Prase v. Pamir Man % d
oryLraw_ Ras v. Lawycla ad Cos.
assaan Ivry ink v. Man WI Pilialsr -Ralf • Hall and
Walker - Cramp (rawly calledraiel v. Onner-Oltoon .v. Oared-
Tenon v. Tomlin and loans- nada v. ekola sad Ilaventock
-Oiews w Oceir-Deverea v. Diagram tar father hesible-Of.ww
•. °Awes and liesinueoe. for berth eig•••Darl•• v. Davies. for far-
Ws baulet-lia v. Da a-kiluntst w WON mad Vornea-rteakes
v. Mask. sal Meal-oaler v. Bedard iralrOyly v. D`O)11
W Raft for farther 1, ellen-Cretin w Ordain and Marius,
ilowle =or , ~..r...„ Bananas sod. Ws.
dsm
7.- I= ...1 fiseailbsia-RFahoeber.-12 wn. •;...tr. Hawker V. lawkirr
W Bata-Omsk v. Cook and eluarie-Kruschnar w Intasaeinar
sad Iliaelme. for further hualus-Earn, v. Mania sad Meads.-
Drir w low-learecock •. liaremak and Hal-dibtllnEd v. Ilhowsrid
add Ward-Da .mart
r. Du Taresur-Polly w Pram sad Vellile•
Ra,IWI -467.tii.allezoil4i=te,.yaktl=e johlmed w. Nu
tam ~
Lt=s.ssamorcouswd zi call
Walser, i 01-11....."*A1imi Aline._ mod v.
ii. 62..
W W 51
ArrEksll7 ' V.
lIIIIIIIM-
v. sad 111.1 Lay. Illtdosa-
.._-Mal&
and v. sad Neamaa-Mandes y.
lawriass• Shedva-111•11 w Ileld..
Laseb-iillf V. Welialan vied
AWhilay-Itoiese •. Bows sad
Irry.,_ ISMinia Almada
.v.. Issawforimaad ...Tr_ ...7
BIIIPM4II.
HIM/ LW Lord sisanda Jen-
ard/gm emit end Maya cameo V.•Roane and
jarpialesdanalla v. w Roden and
W v. WiTalliairlarailiV"rales
-Timms v. Tbeade- •. NM sad
Free limas v.
1 •. and Crose-OssE w Cook aid La.!
- V. Oak i rowilaNels B. Reads sad
Melle... Nails w. ads sad H e.-11124, V. Color Vows V. Mallbare
-Saler
jw7-111 later v. Winter Nat Noissaville-denieb v. Ilnileir-14="v!
Tailed and rnan-Ivo le a sad
Faulkner,. Fatima Lad Ilia v. Lne and Wawa
re-lesetor w Psztalri see.
too ilin-hlaisley. fairly abed Wood. v. W w aad
tatarretar-Rows w Wan sad hale!-Pare w aid Dinar
Dacia w Baas sad lama Naar bury-Remelt v. Boma sad
thou.Thum pron. cam= ball-Bssalaar y. Bandar= dad Daybe-Mida
v. elialothorp-ballee w radar sad Die
.j. ..........eislaneeam=
lam ARIle-n L w Ades Yammaße %ad D'Asey.- ---....2.Da1ei51a v.
Daniels-Nara •. Nash and J fordrovill jay-Bora. V.
law., comacinjurr-Peanosa v. aial lama. ediallea
itiry-Cocie v. Cock and Halleal-lapilai v. Loaa-Jans v. Jobe:a-
nimate, falsdly railed Made w fisia-Dani w limb sad Johoorn.
aeon. jury -Wilton v. Wiliam-BM •. lid-Darla v. I/mi.du
V. WWI...a N
ab maimsjerp-Osulms .Overilce mad Burusdals
-Bell v. bell and the Mom lienasaide RIM Wm& of Antlaey. We-
del jury-lloban V. Ilolika-zrzz. was. a.m. Jury-Jarvis v.
Jae rev-Owed v. Owen and Peaks w. Pasts
asd Goliley-Dare v. Dos sad Aliamar=.l.l:4lm-Nlitaii
V. Illhou and Burresa-Abbolt v. mad 4.6,- V. Daddl
sad Waver. 0.4009 jury-Alin .. Woad v. cod-Pbsiner v.
Plumer and Byinve-lawtoa w Lawton aid leibles-lbsianwald w
lersnawald awl Releham-Tharloy v. V Wailes v. Wright sad
Mama-Oath v. Ova sad Woodward. Oval I. Call.
well aid Kednedy. special lury-lilednis v. sal Hall-Dodd
w Dodd- Pearce v. i %ace sal Arm V. D'Any-Newe v.
Nave sad Wiley. The court will= is bar tbe Bat 43 craft
lave Nos 9 sad 2a, sad well than mast illb tbe aura to be telod
RIDER.

EQUITY COURTS.--Juitz 30.
(Before the Mester of the Bella.)
BANE OF LONDON V. TYRRELL AND ANOTHER.

This was a suit lig the Bank of London claiming payment
from the defendant Tyrrell, their former solicitor, of profits
made btgerhim upon a sale to the bank of the premien
which now occupy, and which were formerly known as
the Hello Commerce.
Sir Hugh Cairns, Mr. Selwyn, and Mr. M'Naghten, ap-
peared for the bank ; Mr. It. Palmer and Mr. Speed on be-
half of the defendant Tyrrell; and Mr. Follett acd Mr.
Martindale for the defendant Reed.

Thia building, together with tome adjoining lend, was
mortgaged originally for 36,0001., end ultimately sold by the
mortgagee to • number of pereona, including the defendant
Read, who bought it on speculation fur about 60,0001. The
agreement for this sale wee executed in 1864, though the
greater pert of the machete mosey remained owing up to
the time of the dealing with the heck of London. At the
land of 1831 end is the beginning of 1866 Tyrrell wee ea-
gaged, jointly with a Mr. Sort, in getting up the Bank of
London, of which company Tyrrell intended hie firm to be
the solicitor., while the t IBoe of secretary we, to tall to the
share of Scott. The first meeting of the hank projectors took
place on the 13th of Feb., though the priject bed been Weer-
dui in the previous December, sad a sufficient number
of shareholders having been obtained by April, applications
were rude, which ended la the grant of a charter in the
lowing month of July. Pending hie e (Leis to eitablith the
bank, Tyrrell entered into another negotiation with Reed.
This began on the 6th of February, 1866, and was followed
by a pesol agreement on rho Bth of February, that Reed sad
Tyrrell eliculd become partners in the Hall of COOOMMWOO
speculation, and should NU Oat all the other parr 11110
IMO interested in the building, giving to each some serf!
cornea a bonus. It wee part of this arrangement that
Reed's name slue wee to sppeer to the world as the owner
of the property. This was ultimately put into velar on
the 10th Muth. A tarty wee immediately commenced with
the projector cities beak for the sale of the Hall of Coat-
Mean, the price asked at Bret being 10,0001. After mach
conerpondence, is wbkh Tyrrelre firm acted on the pert of
the bank (Tyrrell's partaers, r well as the bank directors,
being wholly ignorant of his interest in the building) a bar-
gain wee at length concluded for the sale by Read to the
beak of the Hall of Cumnieros slime, without the adjoining
premises, for the sum of 64,6001. It was pretty clearly esti-
bliehed by the evidence that toe purchaser in the position of
the Beak of London the property was very cheap at this '
price, although it might have been ridicule to find other put, •
chasers for such • building. The transaction was completed
by • conveyance to the hank on the ilth of August, 1955,
on which occasion 14,0001. of the purchase-money
Ma deposited to meet certain claim, on the pert
of the persons who had originally been co-owners with
Reed, end had been bought out nominally by him, bat really
by him and Tyrrell. This ultimately led to a bill befog flied
by three of therm claiming ti have a there in the profit which
Read and Tyrrell had made out of the bank. This suit was
compromised b-

aced by payment of 1,000 gathers and costa. Two
others of the joint owners then Led a similar bill, and they
also were bought off at the MOM re s. But before this bu-
gaboo had been set at rest Tyrrell had been croes.exemined,
and had admitted that he bed a half share in the property,
though lt.ed bad, in hie evidence, suppremed the fact. This
wee communicated to the bank, who thereupon bled this bill
claiming to receive from Tyrrell all the profit he had made
lathe transit:lionised sating similar relief against Read.
The Mester of the Rolle, in giving judgment, raid that
the defendant Tyrrell had seaumed the iharac:er of solicitor
' and agent to the bank from a time prior to the actual foams-
Rem of the company. His bills of oats included charges for
preliminary exertions tamely u Jannaty, 18.6, end this had
bees afterwards recognised by the bank upon its constitution.
He most. tSerefors, be treated so beteg the solicitor of the
bask at the time whom ha made the arrangement wi,h, Read,
which hal been alluded to, fur the purchase of the Hall of
Commerce. That being so, be wee bound to account to his
clients fur all the profit he had made, including hie moiety at
W patties of the lead which still remained In the hands of
Reed and binerell, if the company chose to tosiet on this
latter point. As to Read no reli-f could be given against
hint, but his conduct had not been loch es to entitle him to
Cede.

Wood.)

0 YE V. GAYZIANI AND SMITH.
(Continued from yestorday's dipress.)

Mr. Harris (cromexamlned by Setjeant Balbetine)—He
is stage manager at Coveet.gardee. Conducts arrangements
with artists for Mr. Oye. Has dims so for seven years.
Went abroad at the end of the season. Was going beck.
wards and forwards to Paris eaves or eight times. Was re.
calving salary from Oye—minis, himself sod acting for
Oye. Warn in Pasta in November. Was asked by Graeae
wbeter he had brought his eagageuent. Never said a noel
about the emeey. Cannot swear that he did or he did not.
Will swear that he did not mention it six or four lichee.
Contracts for 1868 mewed by him and Oye a London. No
discussion between him sod Oye ea to Oroziani. Coat/seta
mat over to me in Pais. Don't know whin. Mr. Oyes
letter seat with contracts did not refer to Grazisni. thin
' remember someday in, though not alt the contains of, a
letter. Leber was received 17th or 18th of November. Saw
Cinema at the Opera Hones in Paris in the morning. Then
showed him agreement with (lye. Thinks A way at the dear
of the theatre. Had all the contracts with hint. Gave
him his to look at. He nes not in a hurry. Gave
it book. He took no notice uto power for Opt to renew
engagement with him In 1881, or es to limitation of places
where be was to sing. Winters did not point out these par-
ticulars to him. Should not have thought of doing It. AU
the coetracts bad the same cotiditioes. The mosey well not
mentioned, neither in amount nor as emery, in the converaa-
tioe with Graeae. There was no mention of the money in
the 00nVereallie with Ca'zsde. The witness continued—l
ammuties maks strangssuents when specially requared by
Mr. Use, and specially instructed by bias. I had • conver-
sance with Orselmi at the Doe Riche. He did not may, I
had " done" him. He add I had " tricked" him. There is
no Both expression se " done him" in Italian. He need ex-
pressions as strong as the Italian language would permit of.
I did not contradict hies. He celled ins atue. I did not
acquiesce in his etatement. I lett him to .
Mr. Antonio Perocehi, exemined by Mr. Daniel—lteceivel
a letter from Orazmnt, requesting him to apply to Oye for the
money owing from in (1601). Received another letter
dated the 18th November, 1858, in which Graziani raid,"
Yon will receive the 1601., and they will be 160,000 angtb,
and you, If you like, their Derma Flaw." Then called on
aye, and foutd him out of town. Subsequently vomited a
letter from him. Is April Iris told by • gentleman that he
wee to MO 0)e for the money, and called on him and told
him so. Can't scivent for tintlieg some and not all the
letters addrmeed to me. Knew Utazeni 4or 6 years; since
his etgagvinent to Gye, not before. la employed largely by
(lye. When he celittl en Om tt eras to ask him it be had
beard front Graeae, and whether he bad my comuinita-
doe to make to him trerocchi). Weald have born happy to
remits the money for Ormisal, if It hod been tendered to
him.
Mr. Bolt them continn.d his eddy's*, and argued that
conies was shown by the cress-examination to shake the
plaintiff's ems.
Mr. Gifford end Mr. Martindale followed at the same side.
Mr. Daniel then addressed the court on behalf of the de-
fendants. He poin•ol out Rat all the contracts of late
years had Increased In amount, and that It was not to be
supposed that Greziani intended to bind himeelf for tee
years eta axed salary. All the circumstances which MA
Wm brought out in further examination went to saatala
Clresieut's cam,that the signed contract Moot Ire y embody
the actual terra between him and Hr. Oye. If that we
so:ilma he was justified in frosting that contract as at aa sad,
sad la =gaging himself to Smith.
The bona cowed had not concluded when the coon
raw