The Express.
London, England, 1856-12-16 00:00:00

THE EXPRESS, TUESDAY /MIMING, DEMME= 16, 1866.

ILato MeMyna.
COURT OF WARN% BENCH.—Doc. 16.
/MIMI AT MI 11117IIL-PATOII LOAD WM= AND L 111711LAL
GLUONS W. PLYCZITT.ALLIOND lILCE OW
4:IOIFTIRACT.

TM. was aa Wise to Hoover campuses's Is damages
for the amok at • rastrast for the parahaa• rd as boa
sit. N. Hal ad Mr. Milwasd won for ***Witt; sad
lir. Doak sad mother lomat goatlemaa for the die-
isadaaL

The plaintiff, Mr. Simess, was an extensive bander of
IMO made to On Clyde, sad the defendeat, Mr. Patchett,
a patiemen Krieg at Peenembueo, is the Breads. Os
she Ilia of august lest Kr. Patchett west to the plaistirs
glue of Mike% ail Gleggew, and saying he was authorised
by Wain. Meted licsidon and Co., of Manchester, to
pusher • vessel for the Brasilian trade, asked him if
be had esti of the deseription he wanted. The plaintiff
shoved him a steamer which was in the course of bong
finished, end the defendant haring intimated that it would
be neesmary to have a spar deck, the plaintiff agreed to
make that alteration, and wrote oat an sgreemeat offering
to sell the steamer when completed aecording to the smith.
cation already drawn up and men by the defendant, for the
sem of 6.0001. The defendant accepted the offer, sad
wrote, " I hereby ages, to porehue the iron screw steamer
isestioned in your nets tor 13,0001," signing, " For Meson.
Ration and Co., George Patchett." The plaintiff, at the
piquet of the defendant, then proceeded to complete the
ship with an potation despatch, and prepared materials for
the spar deck of the value of between 4001 and 60W.; bat
' on the 21st of August the defendant repudiated his con-
' tract, oa the ground that certain conditions which he had
made had not been complied with. The steamer was after-
: ward@ sold for the Bailie trade, is which the *per desk was
not wanted, and this action was brought to recover the loss
the plaintiff bad sustained by this reoale, u well as the ite-
mises he had gamed preparatory to erecting the spar
deck.
The principal defence set up to the action was that the
defendant had no authority from Megan. Ration and Co.
to purchase the steamer, incept upon condition that it could
be chased A 1 at Lloyd's for nine years, and that he had
imposed that as a condition upon the plaintiff when he
attached his signature to the contract.
This statement was distinctly denied by the plaintiff.
Lord Campbell, in summing up, said that this ere, u
well as another which he tried on Saturday, was rather
slanging to the commerce of the country. When there
was a written antract, signed by the parties who premised
to be bound by it, ft was • very unpleasant thing to bur
afterwards of parole conditions which were not to be found
In such contract, end a defence of this kind should always
be watched with Jealousy by a jury. The defence to this
Win arose Ghia, on the first toast of the declaration,
which proceeded on the allegation that the defendant told
the plaintiff that he was authorised by Rostren and Com-
pany to make the contract, and the question he would leave
to them was whether they thought be did so or not. Their
decision upon that point would depend upon whether they
gave credit to the evidence of the plaintiff or defendant.
Tfu jery said they thought the defendant represented to
the plaintiff that he was the agent for Kern. Baku and '
Company.
The question of damages was then left to the jury, but as
it seemed to give them a good deal of trouble, the maul ,
oa both sides coesented to a verdict being entered be the
plaintiff toe two sums of 2601., the first for the messes el
the spar deck, and the other for the las oa the weak et
the retail. Leave was reserved by the learned jags to
the deleadaat to more the curt above at the nuelhen
whether the Wien could be maintained in its present fees,
sad to reduce the damages by 2601., on a teeliskel pent el
kw with regard to the right of the plaintiff to recover in
the lees upon the re-eels.
Verdict for the eleietift—dainges 6001.

INSOLVENT DEBTORS

dew *aka lad only midoemlind to meat what fee sen•
salved to be his rights, sad that ft weild be most unjust 10
imnsiet a man of larceny ads: melt circumstances.
verdic
Thet
jof ery, s
Grey. itar • short deliberation, wain retaraed a
Not
Mr. Gifford said he would ansider what cane should be
takes with as resedelag Indianan, and in the meantime
the prisoner was snowed to be at large upon WA