The Express.
London, England, 1859-12-22 00:00:00

lUD W. ILICLLY MID °THEM.

This which occupied the court the whole of Tuesday,
was yesterday.
Mi. erring Perry, Wt. Joyce, and Mr. Gibbose,
Pow the plntlff ; Kr. Y. Chambers, Q.C.,
Peres&rff, end kir. Msleolm, for the detsadams.
This wee an action twins the endow{ rums, Yam.
Barclay and Co., kr sarrepreesotations through their agent,
Mr. Moore, as to the value of the lease sad goodwill et •
pnWlo-house called the Duke of Grater, whereby the
pilaff was Induced to probate the same.
It would seem that the plaintiff, before taking the Duke
et Graftos, had occupied the George, in St. Mary Am, for
shoat twelve reenthe, and although new to the bushier,
I had worked that house es eaceentully se to realise a clear
profit of 4401. For sore cause he then gave up the house,
bat shortly after ks became anxious to get into another.
With that view he stages he consulted Mr. Moore, the
broad clerk" of the defendants—plaintiff having been
'applied with beer by the Masers. Smoky whilm in the
econpatlon of the George—se to informing him of a desirable
hems to go into. In return Mr. Moore strongly moos-
' reeded the Duke of Grafton as • house WWI* the monthly
harems mounted to 2601. Acting on the soggeations of
Mr. Moen plaintiff agreed to give 2,9501. tor the lame and
=1 of Doke of Grafton, which is in the New-road,
heeding over to the Mears. Barclay the sun of 4401.,
the moan! of plaintiff's savings whilst at the George. la
aaplaaailaa it should be stated that the home was mortgaged
to the Mere. Burley for a sum of 2,8811. 12a. Bd. by the
farmer onspanta, end for this mortgage the plaintiff became
reepresilde. The difference between that and the sum of
2,9601. above referred to was made up in orb, Gilded to
whisk Ms pklntiff paid over s farther sum of 4401. to the
defeadents. On the 9th of March, 1868, the plaintiff entered
into preemies of the brae, and from the Tuesday to the
Saturday to that week his takings were only 21. • day, that
wee evidently far ebort of 2501. • month. Under these cir-
amstincee plaintiff wrote to Moore, complaining of the re-
mit Moore upon that recommended him to effect °arils
repairs sad alterations in the premieee, which would men
render the briars dourishiog. Accordingly plaintiff at
one dosed the home end expanded a sumof between6ool. and

8001. on repairesad alteratkiaas. The honmeremained closed for
two months, and daring the first mouth after reopening the
tskinge certainly improved, rising to about 1351.
per mouth, but slue that they gradually declined
estd, be the month of December, when, Mr. Reid,
being *holy mined, upon the ad** of Mr. Moore,
be mak en aseguseeet of his interest Is the house for
She liesedt of hie creditors. Mr. Reid,* just meld, wee
steely raised by the undertaking. la the drat place the
MIK which be had saved out of the George" was gess
them he bed in debts to the extent of between 8001.
and Via ; end hely. he wan liable to the Mears. Barclay
firth. meetgage at 1,11601. What the *Stiff, therefore,
Nought by thee melee wee to be placed In the same situation
la whir he was Were he had been induced by the mia-
reponessielies of the deftsdeate anent to embark is so dia-
meter as tostorpries. The plaintiff clearly proved that the
badness of the home bad been falling away for several years,
e.g that the three or fear last ocoupanta had lost largely by
it. The oecapie houndiately preceding the p/sintiff had
lesl r orate as 1,9001. by the hones, and that such wan the
alteneere of the Doke of Grafton the defer:dente were well
awes. Gee witness said the house would hare been dear
▪ 2,11001.
Os the pert of the defendants It was stated that the plain-
tiff bad not been induced to take the house by Moor*. The
had first beard of the house through the brokers,
wWy lied Co. and he had had ample opportunities of
Isseadag particulars with regard to it from Brown, the
=*mat, who took him over the house. All that
ba ed Ike' wee to *form plaintiff, is answer to his *-
tinkles dies the ream of the Meer.. Barclay, for tee
eoppled to the home, were from 801. to M. per month.
Meer right bar mkt that under a man like the plaintiff
the beetara of the Duke of Orafton was Capable of bring
waded up to 2001. a =math, but he had never stated the
pent takings were 2801. As for the returns from spirits
and other things, he had distinctly referred him
*the thee tenant, Brown, and his distillers, se upon that
edge* be (Moore) maid give no information. Moore had
sew advised the shanties in the house • on the ociatrm
he reasty disapproved of Ito having been iter4osed....t.l
• pre el two months, whilst they were
sad he that clecutustance defetclants attribatera;s7
temeare the plaintiff s ultimate want of moms. At the
same goes had the plaintiff been in pose:mks of capital to go
into the bast markets, the eaterprise would still have been
cesehl. Above all, whet possible motive could the defendaata
have bed In instigating to his ruin one in who* swam they
Wee strong as interest ?
After a retirement of about • quarter of an hour the jury
esteemed with a verdict for the plainuff, and it was thes
speed theft should be refenrei to a member of the bee to
decide as to the actual loser and liabilities roared by the
sad which by the verdict of the jury are to he rode
Irod bvldine dperi dr:: so sehthet thew plaintiff may be Ma-

COURT OF PROBATE AND DIVORCE.
Dsc. 21
Olean the hedge Ordinary.)
EMS W. STOW 1.-CUSTO.

Is this tem (which has shindy bees repotted) the jur►
found a verdict for the elefeedent, and thus eliMblisked the
will in dispute.
Sir C. Crewmen now said that as then bud not been
shown the slightest ground for impeaching the capacity of the
testator, or for imputing fraud or undue influence to the party
sating up the instrument, he should condemn the plaintiff in
all the COMM.
IM SMII GOODS OP WILLIAM JOSIAH GOULD BARRETT,

DEC SASZD,

Tha daessiod hod beenl;t:;iiibis only daughter, in the
Royal Chartar, but he had loft a widow in Australia. Undo?
Owe divandsooss,
Dr. Swabs" Moved that admintetration be granted to the
sasilme IGs. Barrett, who wee in England.
.

The court at present saw no reason to doubt that the ae-
masa had left a will ha Australia, and tharefors refused the
appliceeiss.

COURT OF BANKBUPTCY.—Dsc. 21.
(Dodoes Kr. (keerelsolcuer BobsIL)
171 1117PAPIAS AID kiIItICAN num /11111,1 NO cOll-
- (uterrsa).
Tile wee a sitting foe dtvidesd. It woo stated that Kr.
D•wards, the eS keidiseee, led 'ahead a suns of 26,0001.,
=the porta& et • sale elf the eceepasy's ships; and •
ewe d 26,0001. is expected to be reabsed hoot bills.
The amoset of proofs spinet the Mae has sot yet been
seceriebtril.

MraTnTtlater. tendered a proof for 7481., on behalf of the
Patent Fuel Company, for eosin supplied to the Lady Joce-
lyn, upon the order of Cantata Slid. The Fuel Commay
had sued Megan. Croekey and Co. for the amount, but had
discontinued the melon on the understanding that the credi-
tors of the Shipping Company would be paid 20e, in the
pound.
The proof ma admitted.
A proof tendered by Mr. Aden, of Southatoptoo, for
2,0001., on detenturm of the company, moored by mamma
ca moos of the shim, wee next discussed. The tremeotkon
spawned to bee eery complicated one. The bon& bed come
less Mr. Atha** possession by sesignment from Moon.
Creeks,.
la mom to tho Court,
Mr. Lielblieer stated that. Mr. Aelatt had also claimed
against the trustees under the mortgage.
Mr. Lawrence, who appeared for creditors, wee wining
thee a Mahn Mould be put on the proceedings for the amount,
cameo( beteg supplied that entice of the amigsment of the
isimaterr bed been give. TIM wee doss, sad the claim

wee mdimiNed sooordagly.
A obbeelMr. De Mottos, foe 1,3001.1 a moose la which
he bed bums moority for tie usaysay Theme ;founded
spied fa the Adodralty Coart—wse eibeiMed • en woe deo
see of VMS y Yew Demo% the solicettie I. the Ns-
pea y h that mean.
Mr. Liddeler seed he wee runeetod to oteatka the clam
dew if the directors of the co epsey for c 61., for far. TM
dire demedere had beta paid.
Sr. Samosa .abduct that the director Wog am of dm
comply amid set etdm esslost the toad, whack wry.
ear the prow if midi lora.
Prrieaberigle else demised to the old., ea Wulf of
eberthelikme, oho be ail bed maw bees s piety to the
emeopeemet y dish the dhemere pdd thesoadvire.
Ilb. Lakhdor odd die ;quest hod bees macuoaed by •
pastel atatlag el ilisfesprq.
TM rim Mod mar.
Mr. liskbAse dos sobiled a prod, ca behalf of 31......
Civilly sod So., Mr MAK ii. opt Um ths IM