The Express.
London, England, 1856-12-17 00:00:00

COURT OF COMMON PLEAS.—Dac. 18.

SITTIMIII AT Mali TINS IN

MU/ JUOTICSCOCZBVIIIX

AND OTIIII/ V. 1121111 £ 011
102 BILIACM OW COIIIIACT.

The plaintiffs is this etw bight to roe mer damages for
the nos-peeformanoe of • natract to deliver 1,170 haste
gushier.
Mr. Der east Bytes mad Mr. Houma° appesred for
the plaiatiMi ; and Mr. Wilde sad Mr. Blackburn were for
the defendants.
Both parties to the evil us merchants, and by the
• c -strict the defendants sold to the plaintiffs " 1,170 bales
of gambior, now cm large from &assure, and imputed to
IMMO in Loadon," 806 tales being on board the Banal-
. cne.aad 365 on the Lady Ague Duff, and the price we. to
be 16s. 64. per cwt. According to the plaintiffs' case • hale
of gushes mut • paseel weighing 'bout too cwt.,
which bad been compressed by hydraithe power into an
oblong mass, and which woo bound op in matting.
The parcels delivered upon this contract were boned up in
mattieg bet they had not been compressed lath as oblong
Nun, essay of them being composed of loose pieces, and the
molt 'important diffuer or wee that instead of weighing two
hundred weight, they only weighed about sixty or seventy
rude each. When the gasifier we. delivend, it happened
that the article had risen I. price to the guest of 34 10s. •
toe, and the plaintiffs under thew ciresmstaecos claimed to
have 1,170 bales, weights( about two hundredweight oath,
sod now sued !radiuses is towsequence of balm of that
size not boric( bees delivered.
The defendants' case was that the parcels which bad been
delivered were properly called bolts, and therefore satisfied
the cistrect. la addition to this, it was submitted that the
untied wee for the specific quantities of gushier mistimed
as Wag ox board the Ravenscray sad the Lady Agnes
Dal, sad that thou puticular qualities baying been deli-
vered, the defilade:its had perbrmod their costraet.
The jury &sad that the packages origuabler whisk had
bees delivered were sot Wee.
His Lordship thereupoa directed • verdict to be entered
fcr the plaintiffs, subject to leave reserved to the defendaate
to move to enter a verdict for therneelves.

COURT OF

r.—Dac. 16.

II 10TILL MUSK 1i3111.-PIOPOSID

Or A 11011,113.
Mr. LIWTllllOll—la the matter of this Royal British
Bank. perhaps year Honour will permit me to take this
opportamity of mentioning, with regard to the petition that
ham bees preesated by cern* shareholders cad creditors,
antis( for the appointment of a receiver, that your Hone;
baying regard to the judgmeat to be given by the Lords
Junkies, thought that it might be weeniest to postpone
the Ileariag of that petition until Thunday meat. The
Linda Janina ban shies intimated their tannin* of
giving judgment on the can before theta in Friday asst.
If the wane wen beard oa Thenday, I do Rot aspen,
ander these einthastaosse, that your Honer weld give
judgment until after Friday; and the dircentioa of the
matters involved is that petition might be la-
canniest with Wanes to arrangomeals that magi*
be wide elsewhere. I had very eimadoutly sad
atheenly hoped that all those pains of differ-
sacs between the parties would have bas adjusted
before now ; bat It don not appear that we ste so sear an
stijesemeat as we were when we *ere before your
Hoene on the last occasion. With your Honewin pensio-
n*, we will salary the day of henries until the following
day, Saturday, if that day will salt the coeveulence of
the wart. Year Honour may probably be asked to do what
you did with referees. to Marcus's petition to anal. The
petitlown may ask your Henna to mate mime order epee
it pro forma, so as to give the Cent of Appeal *Winton
in the matter. Therefore it is that I ask your Honor to
adjourn the coseideritioa of the polities anti Saturday
I morning. It may be that all that we ark by that potties,
and mote than all, may be reseeded by the Lords Janina
in their lodgment about* be given.
Mr. Liaklater—As repreesatlag the andgens, I would
suggest that the appointment of a day for the Waring of this
petition should staled orar indefloitely. I thick thin are
special renew for that. During the diming* before the
Lords Justice. Mr. Reed and I concurred Ia the opinion,
and the Lords Justine intimated that they were Rot ma-
w ilia', with the coweet of all parties, to make the appoint-
ment of a receiver in the loan *greed oa by ail parties,
accept the Offitilil mansger. If that had been so we should
not now have had occasion to trouble your H ; sad
yesterday I addrused a letter to Messrs. Lawrence sad
?.e lea suggesting that, before the hearing of this petition,
an attempt should be made to none that object, with the
roman* at all parties, namely, the appoictmeall of a re-
i miser, in ordert t protect the shareholders, at the same time
not interfering with the administration of the asses is
bask:spicy. Your Honour is aware that this is all which
'the assignee have contended for from beginning to end of
this case, %hieing* this the better tribes* 01 the two for the
sdatioistratiou. When we were last before your Honour ny
friends, Mr. Reed aad Mr. Lawraoce, did me the honour to
intimate that I—l reprise they agent wy clients,
the assignees, and met me personally—was the cane of the
htioaties pronedisg. I think it right to take this oppor-
tunity of sayieg, that my Weeds have dens me the lattice,
in commutes of the negotiation whin have sine tram-
pine', to address to me a letter, which was written oa the
very day after, in terms which I will state. It is due to the
official amissen that I should state this, because, from the
begiudag to the end, he has been macs ready to non, is
any reasonable seagestioe, tad hes sever allowed his own
interests to inteifsre for a moment with say proposed sr-
revenant. The letter is in the following form :

" The Nagel Willa Beak.
" Den 13trs,—On the air side we seed you copy of the
minutes of the tones of eenprendes which you, =the part of
the wet geese, agreed to this nerning. We have comma kited
thin to the °Sent reasager and his solicitor, Yr. Barton,
sad melt to say that they dielised to sande to then. We
thigh that fa jostles to yourselver, we ought not to refnla
from @arming oar united °vision that each terns us
tele and nansable.
" We an, dear sin. yours truly,
" Levratmea, PLOws sad BOYS&
"RILD, LUIOPOILD ad MAUD/IX.
.1116• KS. T. sad T. H. Liakiator and Northwood.
"Loads., llth Dec., 1866.
(Timm)
"Declare bankruptcy valid.
" Aselgartes, to administer mend nests of the beak is
bankruptcy.
" Call Wendy made to he osforeed by °Nola manger,
twain so to as Geeenary for let, off ander the bankruptcy.
Appointment of Alois' massager to be varied, se as
act to adage of doubt that the present assets of the bask do
cot vest is him.

--......_ _._.
" Assignees to petition, nadir motion 20 of 7 and 8 Via,
esp. 111, 'heti official amigos bei eossidared sad appeintod
receivor for (store cells.

.....
Aatioss by official remager to b. dimontimed.
" Coma of petitioateg creditor, ammeger, sad assignees
out of preemie asseir
" Core of oilkial manager (ieelading tbose of order Mel
to enmesh) to be paid out of oalls.
" Dissolve fajmetimi, without mats.
"Vistas motion to *read iejanotioe. without costs.
appeal against order of Viee•Chmeellor for
delivery of mats, dta, without costa, sad let order be com-
plied with.
"If cures of assignees required to be used by Medd
manager, previous iedemaity to the eatbfeetios of Mr.Com-
minima Hoiroyd to he given.
" Custody cf books sad aspen to be with mageeee, bat
official amasser to have tallest acmes to be...
" No adios to be brought spikiest official manager by
amigame ftr sayttliag heretofore dome.
Mentie's petition to be dismissed, sad mats of MI par-
ties as to same to be paid out of meet. in bankruptcy."
That letter is followed by one addressed to Hr. fiwitaitoa,
aimed by Mews. Hood, Longford, and Marsden; Henn.
Lawrame, Plows, and Boma,: Messrs. Coverdelo, La,
Purvis, mid Collier; Mum. J. C. any H. Freebilikid ;
Vezieirp, Naylor, sad Robins; sad Mr. Hiebard
Faddism'. It is as follows: _
_

"To Clunsat I'. Swanton, Eq., Q.C.
" Re the R lel British Bask.
"Sir,—We, the indents:ad solicitors for, aid repre-
senting sumerons shareholders end creditor', and sown of
the directors, haus so objection to your informing the Lords
Justices of the Coon of Appeal is Chancery, that the
proposals state by the micas.s for an arrangement with
the Mikis% manager is this cue, appear to as to be fair
and reasonable and for the interests as well of the coeditors
as shareholder'.

" We are, dear sir, your alert obedient servants,
.R 1212. LA14070111). aid
" Lavraawcz, PLawa. and Boyne
" Covarioar.i. Lat. Puerto, sad Caul'''.
" J. C. and H. F11111171111.D.
VIDININO, N 4171.01. and Roams.
.RICHAitD PADDISON.
- . _

" Lando*, Dee. 11, 1846
To that Mews. Sharpe, Field, and Jeeksonheve added :
" Aa eencipreed for besieges "event, sad eighty of the
' alleged new ehareholders, we fully issuer is the letter en
the ogler side, end are convieerd that, in the present state
of ski statute law, it will be inspesible to wind op the
asks of the beak in any other way ; and that a very abate-
Win will inevitably be Raised melees it be adopted.
" Sitaara, Fino, and Jaczeow.

"41, Bodfor2-rcw."
It was claw, therefore, tbst the assignee* were not the
cause of the continuance of litigation. They were desirous
of deicer their duty to the creditors, sad, so far as they coo.
sisteatly scold, were willing to protest the shareholder.
Mr. Lawrence also bora intimate to the satisfactory
manor la which the edictal assignee (dr. Lee) had beta
lino, to carry out the prop mad arrampusats, end re-
gretted they ►ed not been assented to by the tfileiai
r
Mr. Mod WS4 of tts saw °plaint, sad aspromped a watt
to ban an only day named with reference to the appoint-
meat of a receiver, in c nisequeoes of the rain's* espies',
daily lanoseiag, of actions by creditors with a new to sae-
eatioas sgstoat individual share h•litere.
Mr. Liaklater stated that he wan willing to have any day
snood yearning to the court, sod, after tome dam/dos,
Monday teat waa died foe that panne.

IN II POllllllOl% •NDRZWII, Mill C 0.7" OLD JACOII

TOWNIIID.II siasAnkaiLL• "

I Ms woo a mislabel! Cr Ow ossisioatioe of Hwy Qaisay
Andrew, the fspossatativo £s Basiosi of slio ana of