The Express.
London, England, 1858-05-01 00:00:00

11,1110 ♦ CAUY♦II ♦ 3AD

CHAZACTIM.

The plaintiff in this ow was a admen ; and hs see the
dshadant, • tab protestor in Bishops ale, to name
in sanssgeace of the defendant having adored
ca the s Nee • statement to WabutMat he was
not is
_deseed at ; whereby that plaintiff bad bola am
obis to ablescasployment.
Mr. Meth spear= for ths phintiff, and Mr. Soden*
Balhathemand Mr. H. A. Simon ware for the dahadant.
da=red that in December be the plaintiff coded the
serve as a ado-driver, and an agreement was an-
ted kb between thee that the plaintiff should drive the
dalleders her sad nab, me pay over to him what he
had ssaaed, Ara hasping =Meat to support himself. He
reasainsd fa the delladmars amploynant until February last,
when he cagesed ha Weeks of leaving it, in con-
at es noel amount which he earned, and applied
far Ms Year., which wail in the defendant's possession. The
&hese get the plaintiff his Hoene, but with an endorse-
ment wan It that he was not to bs depended on. In cone-
y/saes at this statement, the plaintiff had been unable to
obeli another seek= se the present action was there-
for, taameld.
Tim cob propietceo to whom the plaintiff had applied for
=titwere called, and they stated that they bad
*, him in oonaeguence of the =donated on
his haess._

For the defence no winnows were called, but a loner v
read, in which the dallisdaat Aston that be imputed no dis-
honesty to the planiM. It was therefore said that the plain-
tiff was not entitled to any but nominal damson
The jury found a verdict for the plaintiff—damages 101.
COURT OF EXCHEQUF.R.—Aran. 30.
- -

(Bitting. in Banco.— fit fore the Lord Chief Baron and
Baron, Martin, Bramwell, and Channall.)
ILIAD V. X INO.--liIISCHIZVOLIS DOGS.

This was iri; action brought by the plaintiff ;•11k memo
and broker of London, residing in Kent, against the de-
fendant, a surgeon residing at liltham, to recover damages
for injuries done to his horse and chaise by cartels
mischievous dogs kept by the defendant. The case wee tried
before Mr. Baron Bramwell, at Guildhall. It appeared that
the plaMtiff was driving his horse and phaeton peat the de-
amt's house, when, according to his account, four little
dogs of the terrier breed, which were taking an string
with the defendant's servant, rushed at the horse, ber
and snapping at the animal, which so much Lightened
him that he started off, fell down, and injured him-
self, the vehicle being also damaged. The snbetandal
defence wee that the dogs were the quietest little creatures
in the world, and had in the first instance merely barked at
the horse when they were provoked by the plaintiff's
whipping at them.
Baron Bramwell having left it to the jury to
ea whether, on the finds disclosed, the dogs were
and the defendant knew it, the jury found a
verdict for plaintiff, damages 2W. In Hilary Tenn last
• rule nisi was obtained on the part of the defendant, calling
on the plaintiff to show cause why the verdict should not be
eel aside, and a new trial had, on the grounds that the VeT•
diet was against the evidence, and the improper admission of
evidencF

--
Mr. Holl and Mr. Woollett now showed anise against the
rule contending that the dogs were mischievous animals, and
that to the knowledge of the defendant.

Mr. Locke, in support of the rule, contended there was no
evidence to go to the Jury to establish the declaration that
the dogs were &roe, furious, and mischievous, to the know-
ledge of the defendant. It was proved that they wire play-
fal animals, and that one of them had merely barked at the
base—barking being the dog's mode of expratedng his
diOgh.t.
Mr. Baron Bramwell—Do yon lay it down as law, Mr.
Locke, that if a gentleman keeps a dog which in play jumps
up an an old lady, knocks her down, and injures her, be
would not las liable wan action? _

Looke—l certainly do, my lord, or else there would
be en end of all dogs. (Great laughter.) If, uin the fable,
• man keeps an see which is in the habit of jumping up on
and tikes it about with him, and- the
irnlse upon somebody and knocks him down, I
admit the owner would be liable, for it is not the
nature of the ass to exhibit his playful propensities la so
Moonvenient a manner. (Laughter.) Bat it is the nears
of dogs, and of little dogs particularly, to jump up on people,
Now titre little dogs were produoed in court, and osilahnly
four mom gentle, docile-looking animals cannot well be
canceived.

The Lord Chief Baron—Ons of them was blind.
Mr. Locke—One of them was blind of two eyes, my lord,
another was blind of one, and a third WI deaf. (Gnat
laughter.) Really if it was neotamry for me to plead the owe
of respectable dogs, these are the respectable dogs.
(Laughter.) The learned coattail, in tonclanon, submitted
that the rale mud be made absolute.
Mr. Robinson followed on the same side.
The arguments being concluded,
The Lord Chief Baron said the court would take time to
consider.

(Sltthip at Niel Prina.—Before Mr. Baron Watson and Com-
mon Juries.)
SMITH V. DENTON-BALI OP • BUSINESS.
This was an action brought by the plaintiff, John Smith,
to recover from the defendant, James Denton, compensation
for the Injuries he had sustained by the misrepresentation of
the value of a greangroosr's Mudnese at 34, Belgrave- place,
which he bad purchased from the defendant. It ap-
Md from the plaintiff's ease, that he had paid
ts. for the bas, on the representation that the
takings amounted to 30e. or 21. daily, exoept on Satur-
days, when they averaged 41. or 61. On entering on the busi-
ness be found *is represention Ina untrue, for on some
days his reedpte were only It Id., and did not average mem
than between 4s. and ss.

The case for the &fondant was that there bad been no repre-
sentation of the amount of the takings, sad that the perch...-
money welt paid for the stock and fixtures, without any refer-
ence to the good-will whatever.
Mr. Baron Watson, in summing-up, told the jury that they
could not find a verdict for the plaintiff, unless they believed
that the defendant made the representation alleged, that the
representation was untrue, and that the defendant at the time
he ma& it, knew it to be untrue. He thought, on the evi-
demos, they could entertain little doubt, if they believed that
there had been this representation of the value of the takings,
it was an untrue ens, and the defendant knew it. The ques-
tion, therefore, resolved Itself into this—did the defendant
make the representation complained off If they thought he
did, then they must give • verdict for the plaintiff, with
damps for the difference between the real value of the busi-
ness, and its alleged value, when he bought It, for the
plaintiff, not having thrown it tip at the time, could not re-
cover back his purchase money.
The jury retired, and after an hour'• absence, returned
into court with a verdict for the plahatiff—damages 161.

COURT OF BANICRUPTCY.—Apm 30.
(Before Mr. Commissioner Foul)Lingua.)
IN YE ALLIN ♦ND SMITH.

The bankrupt/4870Z illa;7atr Henry Jonas Smith
were described as merchants sad money-dealers, of Marit-
ime. This was the examination meeting. The joist balsam-
sheet shows • sum of 5,482/. due to creditors, beide' lir
battles oa aomptanoes of 38,2201. The assets are stated at
2,5001.
Mr. Murray said the assignees had no objection to the
bsakrupt Allen passing his examination. He was an elderly
gentleman who had been induced to embark fa trade in the
hope of obtaining a better return for his capital, but unfor-
tunately he had lost it all.
The Commissionar—A common cam, I fear. He saw the
shadow of something in the water, and he opened bin
mouth. (Learner.)
Mr. Murray said that an adjournment was desired with re-
prd to Smith, in cedar that the angame might look farther
into the accounts. _ _

Allen pawed, oad a cloy ins nomad for the oirtilosto.
Smith was adjoursod kr throe weak.

INSOLVENT DEBTORS COURT.—Aran 30.
(Ban ths Mad Co—'—'—.)
IX IR MIPS 0011X01.
Mr. Rad applied iss leak to Ale a golden, and that a
Looks atlasey siAt ihs the Sulks. The broker bad
bole ems km Wsawbk Castle, sad coda sat pay the
keener ad Sr esurt presibleg dere the sassy they rip
=ls bed bk parry km obliged to desire
sa fagliN elksosee. The bossed awed mid
he itikeed there were say had aberser apriird by Use
coesty Nese, end Ifa treheil add set pay them be bad
to ramie k risen.
The Oaf Castaksber lends& thet the east app

pointed the parties reoommended by the oonnty oourts to
practice. He saw by the affidavits that a sum was required
from the insolvent which he could not pay, and before he
visited the application he must see the attorney in London
who offered to do It without payment.