The Express.
London, England, 1860-11-07 00:00:00

BAIL COURT.—Nov. 8.

&Wogs at Nisi Prius at Wastatinstar. --Maar, Mr. Julien
Crompton anti a Commas Jury.)
DICKS r. THE NUITABLE GAS LIGHT CONTWIT.—ENTORTAIIT

Thin was an action to recover compensation in damages
ender the following circumstances :—The plaintiff, who re-
sides in Pantonetreet, 11,symarket, alleged that the de-
fendants had improperly cut off the pa and refused to
wpply her. The delenilants pleaded nine pleas ; lit, not
ty ; ffied, leave and license ; 3rd, that the plaintiff was
indebted to the defendants in the sum of V. 75., which she
refused to pay ; 4th, that the plaintiff was not ready to pay
the sun.. Ilia other pleas were to the same effect.
Mr. Hoddleston, QC. and Mr. Maros were counsel for
the plaintiff ; Yr. Hawkins, Q.C., and the Hon. G. Den-
man were counsel for the defendants.

Mr. itteldleetea, is stating the plaintiff's case, sead It
was one of ecanderahle impetus, to all who had to deal
with large oompanies, especially gas companies, end he
thought they would be of opinion that companies were not
to be permitted to act is the oppressive manner the de-
fendants had. The plaintiff was • widow, and carded on
the cigar business in Puntonatreet, Haymarket, and the
defendants were • company having almost • mooopuly of
the supply of pa to • plat part of the metropolis. In
April, 1867, the plaintiff took the premises in rantooetreet,
and afterwards paid the amount foe pa that was due train
the former occupier, sad continued to pay regularly,
never being two quartets in wear. la February, 11389, the
collector called on the plaintiff, and said he had been
infotmed that she had given a bill of sale. She mid she had
in consequence of having laid out a large sum In repairs, and
was papag it off. The collector replied, "We don't mean
to supply you with any more gas unless you give us 5/. as •
deposit," The plaintiff said she should do no such thin,
sod afterwards consulted • solicitor, who advised her not
to pay it, and she wrote to the company declining to comply
with their amused, receiving • reply from the secretary
stating that the company declined to supply her on credit.
On 9th April, 1899' the collector called for 41, 7s.
which she paid, and received • receipt. He that said
he wanted 51. as a deposit, and on her refusing to let him
have it, be called a man named Mundy, who was in waiting,
and they endeavoured to get into the parlour, but the
plaintiff prevented their doing so. They, however got in
through another door, and into the kitchen, where they cat
the ps off. The collector said, " You see what I can do
you hail better pay the 5/." She, however, still refused,
aid the collector then told the man to put the gee o
which was dom. The question vrsa whether the company
ohalia to act in much an arbitrary mincer.
The "ntiff was then called, and confirmed the learned
statement.
Cross-exandued by Mr. Hawkins—She had been a widow
since 1861. She had lady lodgers in her house who were
oocasiosally visited by two or three gentlemen.
Mr. Hawkins put several questions to the witness rails.
tive to the character of her house and the inmates.

Witnem—Oh, you know very well what kijiT of house
it ia. (Laughter.)
Mr. Justice Crompton said he thought otherwise, as the
learned counsel had been so purticWar In him inquiries.
(laughter.)
Cron-examination continued—She was asked to sign a
contract, bat she had refused to do so. It was some time
in April. She had said the 41. 7.., add had the receipt is
her pocket before the gam was rut off. It was fiftese
minutes after the gas was cut off before the collector told
Mundy to ut it ou again. There was an escape of pa, sad
she was obliged to send for a man to put it all right.
Re-examined—She paid 31101. teethe business and good-
will eel fixtures. She had paid for the gas Win.. She
wam paying off the bill of sale by monthly instalmeets, and
told the colleebr eo at the time.

Bevenl other witnesses were called in support of the
plaintiff's case.
Mr. Hawkins, fur the defendants, submitted then vie
no case to p to the jury. The company had committal
no wrongful act, for by their act they were empowered to
cut ud the pa in default 131 payment. The defendants bad
intimated to the plaintiff that they required • deposit. It
bad beta already decided that the fact of supplying gas
without a contract did not bind the company to costume
the supply to a particular time.
Hr. Justice Cromp:on said he thought it was a case for
the court above, to say what was the law and bow much the
damages should be.
Huddlestoa would agree to that course, provided the
learned judge would certify to give the plaintiff her orate,
la ewe the court should decide in favour of the plaintiff.
Mr. Justice Crompton mid he would not had himself to
do so without first considering the matter. As it wee •
very complicated and difficult case, he thosight it woald be
better tellers it settled in the manner proposed.
After some further discussion and consultation' it was
'wired to make it a special case for the court to asyllow the
judgment should be entered : if for the plaintiff, the
MI
dam
furth ages to be 40a.,. with • certificate for coats and a stay of
Mr. er
JadieeP"Zr"ancenprn said he thought the parties had
speed tea wise Nana

COURT OF BANKRUPTCY.—Nov. 6.
(Before Yr. COOLD14.1101:1111 Holroyd.)
IN all HARMS.
Tk• bankrupt was • merchant of Elraina, on the coast of
&fries. Tike wee the adjourned emanation meeting.
Thai Nahollies, secured and unsecured, are about 19,000 i. ;
the masts were returned by the bankrupt at a much larger
amount, but as yet little km been realised. A further ad-
jourament for a fortnight was now ordered, in the expecta-
tion of ma:omits being received from Africa in the interval.
IN RE T. A. ricaranto.
The bankrupt, a small manure merchaat, of Limshonse,
acme up for his examination on ammoniate, showing liabilities
of 1,1301., with wets of about AUK
There was LO opposition on the part of the assignees.
In. (nurse, for creditors, examined the bankrupt as to
sows of the Remo iu his account., which nut being satis-
factory,
An adjournment for six weeks was ordered.
IN RE lITDIE.
Thine was the ezatninatima meeting in the case of Thomas
Ryder, merchant, of Ito, leadanhalbstrest, trading under
the firm of "Rader sod Co." The accounts are von-
ailuous, *needing over two and a half years prior to the
failure. At the begriming of that period the bankrupt ap-
pears to have hail a capital of tilt He now owes to un-
secured creditun, 7,1491. ; to those holding security,

1011,1121., libflitsos 'ea ear et 2,,ffifti 4Ph. airier
bra Nub ere *boot 41101. ; bald ....I 7,
"bud at Agana ot MM. sborinvore
.00 en _., and Imes of 10,490 f.
r.liWporl lathe seelgneee ; and Mr. Stopher for
the
An adjuomait he a an& we ordered.
Xr. Ocesminioner Evans.)
ar itallOort AND ortarax.

The bankrupts were shoe-manufsrtmers in% large way of
hueinew, having three ertablialnueuta, at Rederunstreet,
Hackney-road, and Norwich. Their hula" recurred shortly
before the panic in the leather trade, and was sup=
be accalerated_hy
_a large fire on the premises in
driest on the Md of April last, whereby all the stock4s-
tads, boob, to., were destroyed. The examination has
boa aijoursed from time to tine for want of aooounta.
An appends's!, statement hasnow been flied. the bankrupts
seating that they are unable to furnish anything more de-
tailed, owing to the lore of their books. The following are
the *wiped items :—To creditots, 60,8821. ; by debtors,
4:02; by stock-in-trade at Redcrosestreet (estimated at
.), Insured for 21,0001. ; by ditto at Norwich, 1,0421.;
diem atHackney-road, 1,3091. ; due on consignments, 13,1191.
Kr. LinkJater, for the asked for an adjourn-
ment. The account filed by e bankrupts was most un-
satisfactory, lialilities of 5,0001. or 6,000 t. being wholly
omitted, as well as the transactions with W. 8. Gilman, sou
of one of the bankrupts.
Mr. luertance, for the bankrupt Gilman (who is a solicitor
at Norwich, and had taken little or no part in the Moines;
in London), consented to an adjournment.
Mr. Hand, for the bankrupt Johnson, required a state-
mast of the information which the asagrwes wanted. The
bankrupt' were without allowance ; and he understood the
additional accounts required would cost 1001.
Lt was mentioned incidentally that the insurance com-
pany (the Northern) disputed the claim made upon them in
respect of the fire, and that legal proceedings had been re-
to.

-_
Ultimately,
the examination was adjourned until the 10th
of January.

IN RE CORNELL.

This wu the first sitting under the bankruptcy of Charles
Cornell, merchant, of Rochester and of Melbourne. The
liabilities are stated at 33,000/. ; awe* 29,0001., but a large
portion of the property is at Melbourne, and the bank.
rnptcy is attributed to remittances not ooming forward from
that colony.
Mr. pilling, warehouseman, Rochester ; Mr. 191 yard,
spas-manufacturer, Norwich, and Mr. Wolfinger, secretary
to the Mercantile Discount Company, were chosen trade as-
signees. Mr. Johnson is the oilaasignee ; Mum. Sole,
Turner, and Tamer, are the solicitors under the bankruptcy;
sad Mr. Maynard is engaged in the preparation of the ac-
count&

INSOLVENT DEBTORS 00IIRT.—Nov. 6.
(Before Mr. Commisiosor Nichols.)

ter HZ THOM AR TT/A!.-YAW DirPRIBOWIRITT.

This insolvent, who was before the court ou Thursday, ap-
pend for adjudication.
The complaint was that the insolvent had given his late
servant, Margaret Leary, into custody for stealing a boa,
and after her discharge by the umgistnites an action of false
imprisonment was brought. The jury gave 501. damages,
and the costs were about 16!.
The learned Commissioner considered that the complaint
was proved—that the injury complained of was malicious.
He was of opinion with the jury that the insolvent had no
reasonable ground for giving her into custody, and the judg-
ment would be live calendar mouths at her suit.
The insolvent declared that the verdict of the jury was
not true, and said ha friends could get up U. for Margaret
Leary.
The court declined to adjourn the case, and the in-
solvent was taken to prison to undergo the judgment, or to
settle with the young woman.

lISOULATIONS OF TIM ADIIIIIALTT.
Captain Charles William Pearce, of the royal navy, ap-
plied for his final order. Mr. Fraser, an outfitter, appeared
in parson for a portion of the half-pry. Mr. Nerved sup-
, ported.
This ease disclosed a regulation of the Admiralty not
nenerally known. The insolvent's debts amounted t 0592/ ,
and the Income was 13s. Td. a day, amounting to 2471.
179..11d. per annum. There were deduction., and the flues-
doe was the amount to be set aside for the creditor..
The insolvent had proposed 30/, a year, and was willing to
increase it to 401., but the creditor thought a muck larger
sum should be set aside.
The insolvent stated that besides his wife he had a son of
19, who was preparing, at an expense, to pus for an assistant
clerkship in the navy, which would only he at first worth
461. a year, and by a regulation of the navy he should have
to pay 401. a year.
Mr. Commissioner Nichols wished to know the reason of
each a regulation.
Kr. Bargood said it was considered that 451. a year was
not sufficient, and the parents were required to make an
allowance. Indeed, an appointment would not be given
without such an understanding.
Mr. Commissioner Nichols asked whether it was so?
The insolvent said there would be some demur if parent.
did not give such an undertaking.
It appeared that the insolvent was 66, and he said he had
been unexpectedly removed from active service, which had
embarrassed him. _ _

HooonTireeted Wt. • year to be set Litie for the
next two years, sad then to be increased to 7W. a year.
Protection renewed.