The Express.
London, England, 1867-01-15 00:00:00

LANCLSHIR.E V. CLEGO.

This case arose out of the failure of Mown. Overend and
Gurney. The action was brought for the purchase of
shares in that company, and came on for trial at the last
Manchester amine. when it was taken as undefended, and
a verdict returned for the plaintiff for the amount
claimed.

Mr. Holler now moved for a new trial under these cir-
cumstances. The defendant, who had been engaged in
London for a considerable time on important business, left
for Manchester on the night previous to the day of trial,
arriving there about 3 o'clock in the morning. The court
sat at 10 o'clock, and the case stood first in the list of
common juries. The defendant reached the court at a
quarter after 10, and found that the case had been dis-
posed of, and he had since paid the damages and costs to
avoid an execution. It was an action for the price of
shares sold by the plaintiff to the defendant, but before
the settling day, and before any transfer of the shares, a
petition was presented to the Court of Chancery, and an
order made for the winding up of the company. The de-
fendant contended that under these circumstances he was
not liable, as the act of parliament said that after the
petition for winding up there should be no transfer of shares
without the leave of the court. The learned counsel said
that although this point had been rained at chambers, he
believed there had been no formal decision upon it.
Intimately the court granted a rule nisi to set aside the
verdict, and for a return of the money already paid by the
defendant, but upon the payment of costa.
Rule accordingly.

Sittings at Nisi Prins.—(Bdore Mr. Baron Bramwell
and Common Juries.)

This was the first day of the sittings at nisi prius in
tenu.

iLLI.IB V. ATLAS AND ANOTPEI..

This case mile out of a church rote dispute in the parish
of leleworth.

Mr. Prioe,Q.C..and Mr. Crompton were for the plaintiff ;
Mr. Orerend, Q.C., and Mr. C. Brown, fur the defendant.

A church iate was levied at bleworth, and the plaintiff.
who carried on the burliness of • couteactor, was called
upon to pay a sum of 12a. Bd. as his share. The collector,
Mr. Berry, one of the defendants, received the money
from the plaintiff's daughter, but subsequently the county
magistrates refused to enforce the rate, and the plaintiff
applied to Berry for the return of the 12s. 81., stating, as
it was represented, that Mr. Atlee, the other defendant,
a churchwarden of bleworth, bad authorised him to
demand repayment. Bony accordingly gave back the
money, but afterward. ascertaining that Atlee had given
no such authority, he preferred • charge against the
plaintiff for obtaining money under false pretences. The
ease was taken to the Middlesex Sessions, but broke down,
and the plaintiff was immediately discharged. The present
action was therefore brought for a malicious
prosecution,
and the defendants pleaded that they had reasonable and
probable cause for what they had done. The plaintiff said
he had incurred an expenditure of more than AO/. in de-
fending himself against the charge, and he claimed that
and further damages for the inconvenience and annoyance
to which he had been exposed.
. . . . .

For the defence, Afte; relied upon the allegation that
he merely acted in the faithful discharge of his duty, and
had been influenced by no vindictive feelings towards the
plaintiff. On the other hand, Berry contended that he
had taken no part in the prosecution, nor sanctioned it.
The jury found a verdict for the paintiff—d.unages 771.

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