The Express.
London, England, 1867-11-25 00:00:00

COURT OF COMMON PLEAS.

Sittings In Banoo.—(Before Lord Clilet Justice Bonll and
Justices Willa, Bytes, and Keating.)

JOHNSON AND ANOTHER C. THE ROTAL HAIL sTrAx

PACICMY COMPANY.

This mum arose out of the following
1857 an arrangement for amalgamation was entered
into between the defendants and the European and Ans.
tralian Steam Packet Company, and one of the terms was
that the defendants should have the nse of two vessels, the
European and Australasian, which belonged to the
European and Australian Compan, to wry malls
between Suez and Sydney. The amalgamation, however,
was not carried to oompletion, and the plaintiffs, who were
mortgagees of the two vessels, gave notice claiming to
have them delivered up. They now sued to
recover from the defendants about 50,0001. for use and
occupation of the vessels beyond the time when they
should have been delivered up ; for wages which they had
to pay for services rendered by the crews whilst the vessels
were in 'ono( the defendants, and for coats incurred
by the detention of the vessels consequent upon the non-
payment of the wages. The case was argued a few days
ago, and was now decided.
lir. Justine Wales gave a very long judgment, in which
he reviewed the circumstances relating to the different
items of claim, and said that the judgment of the court
was that the defendants were not liable to pay for use
and occupation of the vessel', in respect of which item
about 37,5001. was claimed. As to some other items, the
decision also must be in favour of the defendants, but as
to the sums raid for wages to the crews, 7,8051. 18s. el.,
the judgment must be for the plaintiffs.
Judgment accordingly.

:—ln

COURT OF EXCHEQUER.

BMWs in Banoo.—(Before the Lord Chief Baron and
Barons Bramwell, Channell, and Martin.)

RAUL V. JONES.

Mr. Joyce applied in this case for • rule for a new trial,
on the ground that the verdict was against the evidence.
The action was brought by a journeyman butcher
against his employer, who carried on business at
Reigate, for • serious injury to one of his hands.
The defendant wished to divide a shoulder of mutton, and
asked the plaintiff, according to the account of the latter,
to hold the shank while he severed the bone with& chopper.
The result was that the chopper struck the plaintiff's
band, nearly cutting off one finger. and severely wounding
another. He suffered from loos of blood, and was
taken to Guy's Hospital, where be remained an in.
mate for • considerable period. The action was tried
in Middlesex, before Mr. Baron Martin, when the jury
found • verdict fur the plaintiff—damages .507. The
learned counsel referred to portions of tb evidence to
show that the practice of the defendant was never to cut
• shoulder of mutton in the way alleged ; that he did not
ask the plaintiff to bold the shoulder, but that he laid
hold of it unknown to him, and consequently sustained
the injury complained of through his own negligence.
Mr. Baron Martin said he should have found • different
verdict himself, but perhaps if the came weft down again
for trial the same result might follow.
Mr. Joyce said he could scarcely conceive any ease in
which the verdict was more directly against the evidence.
The Lord Chief Baron—After your statement and se
the learned judge is dissatisfied with the verdict, I think
the case ought to be reconsidered. Take a ruse
Mr. Baron Martin—Very likely the parties may think it
desirable to come to some arrangement.
Mr. Joyce said that if it were not for the costs they
would doubtless come to terms.
Rule nisi.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner
IN KS COWARD TIERS %N.
The banknipt was • tea-broker, of Crest Tower-etrect,
whose failure attracted some notice twelve months ago,
from the large amount of the liabilities. His
indebtedness, as shown by the accounts of Mesers.=,
about 44,0001. ; sate and property held as security, about
10,000/. He was opposed on the hearing at the instance of
the Agra, and Mosterman's Bank (Limited), who charged
the bankrupt with having improperly removed securities
from their control.

Mr. Sargood opposed for the aesigneca ; Mr. Reed sup-
ported.
His Honour, in giving judgment, said the came had bent
before the court for upwards of a twelvemonth. He had
given it his most serious attention, and did not think that
it could be brought within the 155th section of the let
without straining it. It appeared that both the bank and
the bankrupt had keys of the boa in which the securities
were kept ; and the allegation was that the bankrupt had
removed emulate worth 10,0001. or 11,0001. nithout the
knowledge of the bank. The only clause in the act at all
applicable to each a same was that which referred to con-
tracting debts without probable means of payment: but
the court was satisfied that that clause did not apply. At
the court bad no discretionary power to dead with the
general conduct of a bankrupt, however wick..,l that might
be, the court could do In) other than grant the bankrupt
his order of discharge.
Order accordingly.

IiRE J. H. tt..RWARTHY.
The bankrupt was a Solieitor, truing in partner dip
with his brother, at 14, Southampton-building‘, Hollxon.
This was an adjourned sitting for examination and dia.
charge. Against debts of 4,9531., the lumen, were retamisl
at 1,604 f., but it was stated by Mr. Graham, the official
assignee, and by Mr. Reed en behalf of the trade assignee,
that little or nothing had been realised.
Mr. Doris, for the bankrupt stated that the assets con-
sisted of bills of costs, which could not be got in all at
once.
It appearing that the bankrupt had not paid the costs
which he was ordered to pay at the last sitting, an adjourn-
ment sine die was ordered, without protection.

ID EL J. L. 1..•14.
The bankrupt was described 14 • lieutenant in the TO
t
Regiment of Foot, of Widmer, Rent. This wastbe sitting i
for examination and discharge, but the accounts hwl net
been filed. On the bankrupt being called on for an espls- I
nation, he said that be bad sold his commission in Canada, I
I
and wax without means for filing his accounts.
An adjournment for two Meths was ordered, with pro.
tection.

DEATH or Ds. liontrox.—The death of the
Rev. Dr. James Munition, of the Scotch Church. R'
gent-square, is recorded. He was suddenly seized. s fee
months ago, with an Mans which was believed by biz
medical friends to partake of a paralytic nature, and from
that time till his death, which took vlsee yesterday nor!
lac at 3 o'clock, be had not only been laid aside from Pew
duty, but had been linable to leave his room, at even bmi
the fatigue of oonvenation with Lis friends.