The Express.
London, England, 1860-06-02 00:00:00

The meant@ were concluded. Jodpneut reserved.

(Bohn Vice-Chanoellor air R. T. liadmiley.)
OSAMU V. iIIIAJTIL

This case, which commenced on Saturday last, and has
aseepied the attention of the court ever since, was brought
to a oesclesion today. It came on on the petition of Mr.
Frederick Smith, son of the bite Mr. Swath, surgeon, of
Boston, in Linoolmhire, who by his will left his real and
personal property to Mr. Thomas Noble and Mr. Thames
Smith, ao oertain trusts. In 1858 the petitioner took out
an administration summons in chambers, and a &scrotal
order was made the following June for a oommon aceoent.
In JOl7 the trustees filed their accounts. The petitioner,
however, considering that be wax in a porition to establish
a caw of wilful default against the defendanta, if he bad
proceeded in the ordinary way, by filing a bill, which he
could not do on administration summons, now presented a
petition for leave to file a supplemental bill, in the nature
of a bill of review. The evidence in support of the peti-
tion was gone into in great detail, the onestion being
whether the respondents bad been guilty of wilful de-
fault, so as to entitle the petitioner to Es his bill
Mr. Glare and Mr. Marten appeared in support el the
petition ; Mr. Belly, Mr. Speed, and Mr. Hathuret fir the
ate.
be Vice-Chancellor gave judgment. He dimmed
minutely the evidence adduced in support of each of the
alleged instances of wilful default, and mid he did sot
think that in any one instance the petitioner had =Wan.
tided the charge. The accounts had been kept with 10
terbade clearness, the petitioner had had access to this.,
sad he and hie solicitor had gone through them. The
trustees bad administered the estate most beneficially for
the meal qui trusts. The petition must be dismineed with
costa, except as to the costs occasioned by two paragraphs
in au affidavit filed on the port of the respondents.

COURT OF QUEEN'S BENCIL—JrNs L
Sittinp in Banco.—(Before the lard Chief Jodie., Mfr.
Justice W4htrusii, Mr. Jollies Crompton, tad Mr.
Justice Backburn.)

8111TH T. WIJINDY.

Th;• was a special case, and it raised a question of con-
siderable novelty.
The plaintiff and a person of the name of George
Williams, who is the owner of three houses at Torquay,
bad:engaged in Auguirt last to become partners for the
purpose of carrying on the imbue. of lodging-hone
keepers, the plain" tiff to pay 5001. into some bank to the
credit of the partnership. Simultaneously Williams in-
formed the that he owed a badmen= aimed
Mundy (the defendant) a bill of 361. far Oar strophed
for the use of the houses. Having reetaved the informs-
tioe upon the 17th of August, theplaintiff wrote to the
defend ant, saying he presumed Yr. WilliamsW had informed
him that after that date all debts eontracted with him would
be in the joint names of the that he endorsed
two half notes, one for 101 tend another for 901.;
that he would gelid the corresponding half notes on the de-
fendant sending him a stamped acknowledgment et the
payment of the debt ; while at the mine time he excused
himself for not sending the remaining 51. on the ground that
he did not happen to have • note of that amount by him at
the time. However, in a day or two afterwards, and before
the second harm were transmitted to the defendant, tile
EPcsfor a partnership between the plaintiff and Wil-
nsfaelll through, and then the plaintiff wrote at owe to
the defendant demanding back the half notes for the 301.
which bad been transmitted to him by the plaintiff in pay-
MINA at Williams's debt. This request, however, the de-
fondest refused to comply with, 'alerting his right to re-
tain than, and hence the question raised for the decision of
the court.

I.r.liacriamara appeared for the plaintiff, and u
that be was entitled to recover the half notes, for thatt
property in them had never been divested out of him by
what Mob place between him and the defendant. This was
sot a payment—it was only a step towards a payment, sad
was but an inchoate and incomplete set. In his letter the
plaintiff said he would send the other half notes when the
dedendant sent him an acknowledgment. Therefore the
trammiesion of the half notes only amounted to a condi-
Mosel dealing. And certainly it was not • gift ; for pro-
perty must pass altogether or not at all.
Mr. Coleridge, for the defendant, submitted that in the
Bra place there was a perfectly good contract between the
parties; esemicUy, that the property in the half notes was
rwith by the plaintiff when he sent them down to the
meadent ; and thirdly, that this was a payment by Wil-
liams through his agent, the plaintiff ; for it WAS found m
an express fact in the ease that the half notes were trans-
mitted by the plaintiff with the full consent and authority
of Williams.

Their lordships, with the exception of Mr. Justice
Crompton, who had gone to chambers and was not present
at the argument, were unanimously of opinion that their
judgment ought to be for the phiin.iff. The case was cer-
tainly a novel and somewhat curious one, but when it cause
to be clearly examined its difficulties dimppeared. The
question really was what was the intention of the parties
on the sending of the half notes. It was clearly the plain-
tiff's intention to liquidate Williams's debt, but was the
liability extinguished by sending merely the half notes ?
Nor could it be said that the plaintiff intended to transfer
the property in the half-notes. His intention was not that
there should be an inchoate but a complete transfer of theprs
wty, which would not be the cam until the second halves bed
been received. NO absolute property had pusel to Mundy; and
neither had the plaintiff in sanding nor the defendant in
receiving the half-noees so regarded the transaction that it
should amount to a payment or part payment of Wiffiam's
debt. Till the payment was complete, the half not.. re-
mained the propertv of Smith, for certainly neither party
intended that it should be divided.
Judgment for the plaintiff aoooedingly.

COURT Or COMMON PLZA/3.—Jura
&ttinp in Hameo. —(Before Lord Chief Justice Erie and
Justices Williams and Bylee.)
1•CIURI AND ANOTIIEZ r. 1111.1110L-DAYA(II TO • CAROO.
The plaintiffs claimed to recover the amount of
dose to a cargo of currants on a voyage from Pritras,=
auxiliary screw steamship Unanimity, sad which vessel
bad been ~mated in the etavetesparty to he tight,
staach,l sad strong, and in every way Weed fee the voyage.
The unsoundamse complained of in Na vessel referred to her
steam apwstes, the boilers having Imbed and put out the
lbw, so that it was impossible te w the steam power. The
jury, at the trial before lit. Judea Wightema.lwkl that
the warranty in the charterriety had rolomboo only to
the Mai apart from her steam pewee. sad his lordship
spas that lading directed a viral* fee Übe defendant.
aleseguse* a rule was obtained fee • sew trial, it bt/
erinteeds- d Get the judge should net have received
widows to explain the cesty, that he should have
eamiesed the dereament Wmaell inelsed at leaving it to the
*Weed that ores upse the flaidteg of the jury he should
heie sewed the wwt the ether way. To-day muse was
@hewn egadmet this nab being maim etwolate.
Mr. Lusk Mr. Saytdoo, sod Mr. Pollock appeared to
show cause ; sad Mr. Bose mid hTr. Booyroao to support
the rule.

The Corot bald that whether UN evidence bad or not
bees properly admitted, the nieesdas of the eharterparty
wee that it had referents to the vend se an suiltusr steam
ship, sad they therefore directed that there should be a
are triaL
Buis absolute.

COURT OF ILXCHZQUER.—JuIts 1.
Itittinp at Nisi Prioa,—(BdLme Mr. Baum Wilde sad
Cosmos Juries.) •
imp f. CAVIT.—TDI ?AMOS AND TITS roort.mr.

TbO e en action brought b tias *Waif, a tailor' al
Bt. Msrlia'riss• analaet t, Bea (boat, the
all drub Vag, to recover 111. le. 6d., tie babble al
is oneeent geode supplied. Tie piebtia= 81. 7a.
Lt.e nowt, and as to the net **did arm ams
Mr. lambiere appmend for tie ; Ur. Bud-
&min and kr. Lam eepreeinted tbo deleadan*
41 ealsoisag.4boon thrum he do *OM, bat the de-
Jimist illeeoled him to alp* ems dodos to a mom