The Express.
London, England, 1859-11-22 00:00:00

DIE VAPRESS, itESDAY EVENING, NOVEMBER 22. IV,l*.

NAVAL AND MILITARY.

Lb dtistnta

EQUITY CibUltlll.—Nov. 21.
(Bohn the liaatar of es Boil..)

TSB WOILVII 110HAIMID lIVIIIIR OODDON KHAN
lAI►DOOI V. OAILLIOnAND OTHIIIA.—ISTINSIVI DILL
FRAU Dd.

The plaintiff Is this case was the waked or prised*
=Water of the Hag of Oath, and In 1868 was one of his
ascii in:thie:ocuntry„ together with the late queentand
the mg's brother, ead the heir apparent. The present suit
was instituted for the purpose of obtaining a declaration of
the court that • bill of exchange for 6,6001., accepted by the
plaintiff, the Moans, might be declared void, and that four
other ot his acceplenees for 4,0001. might also be delivered up
to him. The case now came on upon motion to restrain an
action at law mann the pram' plaintiff, now pending, in
reference to the bill of 8,5004 The defendants in this suit
were Mr. R. B. Clakney, of Oswald Kirk, Yorkshire, Mr.
Henry Chard, of Derby Lodge, Sunbury, Viscount Forth, end
Mr. Dempster Remiss, of 46, Upper Brook-street, Oromenor-
squaw. The case made by the plaintiff was as follows :
Hs armed that the defendant, Henry Chard, TM introduced
with • strong recommendation to the plaintiff in the early
part of the year 1868 by the Harsh of Surat' and from that
time up to the mouth of September, 18.58, that Chard pro-
lased great trieedship for, and was on terms of thee Intl-
mac) with the plaintiff, and wee constantly urging him to
employ him (Chard) as the agent of the plaintiff in con- '
ducting the negotiations carried on by the plaintiff, with the
object of the restoration of the kingdom of Oude, and thati
the moatconfidential relations existed between tbetn The
plaintiff further alleged that in the month of September,
1868, in oomignence of the non-arrival of expected remit-
tances trom India, being Ia want of funds to men his current
expenditure, he mentioned the cercuentance to Mr. Chard,
who at once offered to advance to the plaintiff out of his own
monies any sum that the plaintiff might require; whereupon
the plaintiff desired to honey the sum of 6006., and Chard
promised to advance the plaintiff that amount upon
the security of arias' sertillostes of shares belonging
to the plaintiff in the Rust Indian Railway Company,
and that accordingly on or about the 16th of September,
ISO, Chard paid the plaintiff the nun of 5001., which he
regreareMed to the plaintiff to be hie (the defendant's)
own maim, end that Chard at the same time produced five
Meesped bleak *lips of papw, and informing the plaintiff that
OM of them represented • bill for 1001., regained him to
melte his the plaintiff's name acmes each of them. The
=l/1 further alleged, that having the tallest confidence in
sad believing his statements to be true, he wrote his
lime across each of the slips of paper, and asked Chard what
ma he ought to pay him for the value of the stamps upon
the MA of paper, whereupon Chard stated to the plaintiff
that the Mumps were of ins value of fifty shillings, which
tom the plated! said he eared to pay Chard, but that the
blew deemed te accept the same. The plaintiff further said
OM he believed at the time, that each of the stamps was
of Ma value of tea shilling., and that such • stamp
was • Kew Amp for a bill for 1001. At the same
interview plainnff alleged that lm handed to
Chard ose:tillcame for 28 shares of 201. each in the Ban Indian
Railway Ccelpsay, amounting together to the value of 5601.,
and that 00•11 months alter this transaction, and chiefly
.win to the friendly spirit thereby evinced by Chard towards
the to the letter eppointed Chard act as his agent in
acting the negotiations aforesaid. In consequence of the
expected remittaaoss still foiling to strive, the plaintiff °h-
andsel from Chard on different cmossiosia further sums of
seam amounting is the whole to the sum of 8001., but on
nine of those emmissis did the plaintiff sign any document
whatever. la the month of May, 1859, the plaintiff received
a ITIMITISMOS of soma tboaamd poomds from India, sad he
at tare repaid in the dellsadeat Chard the above-mentioned
same of 6001. wad 6001. in Bask of England notes, and
Chard thereupon Warmed I the plaintiff the railway
certificates, but net the lye acceptances so signed
by the plaintiff la blank, and whoa the plaintiff required
that thaw fret should he given up to him, Chord Mimed
that he had mislaid end could net lad them, sad that he
behoved them to be bat. The plaintiff alleged that he then
urged Chard very wrongly to search for, sad if possible to
recover teem, which he said Chard promised to do, and he
subsequently Informed the plaintiff that he could not give up
the said acceptances, but as evidence of hla honesty sad
good faith Chard handed to the plaintiff eve blank so-
ceptsacee M his, sack of wail Let-mentioned somptaaose
was on a 10e. stamp, and that Chard at the aims hose abed
to give the Malang an acceptant, if he preferred it, ea •
stamp of 60e. The plaioull's evidence further wee that,
shortly after the leat-meahmed transaction Mr. Roy, of
Leathery, the Um solicitor for the plaintiff, infot toed him
that a WI aooeptsd by the plaintiff for • sum of 6,5001. was in
the hands of • Meat of Mr. Boy's, and that the plaintiff de-
nied having ever glees amok mamma*, and then stated that
It men have bees a trick of Chard, and he directed Mr.
Roy to give Clued mhos that be the plaintiff should ores
to employ his sa hie meat In conducting the affairs of the
King of Onde, which notice was scoovdingly given, but be-
lints( that snob a.leged woven°. (if it existed) would be
invalid, the pilaff alleged that ha took no further step* in
the matter, sad that the del/Indents Chard and Dempster
HOSlgaff,: 011dISTOUTOd on several moutons to induce the
plaintiff to withdraw the said notice, and to sign an agree-
ment, Wading the plaintiff, on behalf of the King of 'Dude,
to pay the last named defendants • considerable per tentage
on any sum whickl might eventually be received by the said
King from her Majesty's government. One of the Intended
agreemeets contained the following words—" And it in
Arthur agreed by the said Henry Chard and Dempster
Restag, that if the said Monlvie will WM his engagements
with the sad Henry Chard and withdraw his notice, the said
Hoary Chard will protect and meliorated's said Mallets from
all liabilitim on the Bills of Exchange which the said Mallen,
has signed." The plaintiff says that he at ones drew his pen
through this passage. On the 29th Eleptstolisr, 1869, en ac-
tion was brought against the Moans, on the acceptaztoe for
6,6001., hods' defendant, Mr. Oskeley, sad the main question
apes this motion was whether Oakeley had given value for
this MU or not, the plaintiff alleging that he had not, but
that, on the contrary, the whole transaction in reference to
thews bills was a fraud practised on the plaintiff by collusion
between all the defendants. Mr. Orkney, however, by the
evidence, appeared to be • gentleman of considerable pro-
perty, rho came of age °sly in 1866, and that he gave •
cheque for 6,0001., which me paid to Chord for the
6,6001. acceptance in questkon. This am proved by Oaks-
kris sada,* as well as by Mr. Roy, who soled as aolicilfre
In the matter, and hy the clerk of the bank. TM amphora
for 6,6001. was endorsed by Chard to Lord Forth, and by
Lewd Forth to Whaley, and the plaintiff alleged that Chard
sad Lord Forth hare both for some time been residing at
Upper Brook-street, with Mr. Hefting, and that Lord
Forth's endorsement wee merely collusive.
Mr. R. Palmer, Q.C., Mr. Bird, and Mr. O. Thatlngs, the
counsel for the plaistAL contended that the ease was ens in
which the court would restrain, if not the union at law, at
Meet execution (in case judgment at law went against the
Mnulvie), until the hearing of this chose. _ _ _

Mr. Selwyn. Q.C., and Mr. J.N. Higgins, for the defendant
Oa'navy. Isolated upon hie rights as a purchaser or holder
of the bUI for valuable consideration without either notice or
any knowlsdp of a frond, and relied upon the use of "This-
demean e. Goldschuaidt," decided a week ago by the Court
of Appeal. The proem' plaintiff, moreover, could make the
same deems at law before a jag, as be attempted to set ap
la the Court eIC
Mr. Lloyd, Q.47= Mr. 8e.!.. appeared for the de-
fendants Chord sad Viscouat Forth, who denied the owe of
fraud alleged by Use plaintiff.
Mr. W. P. Murray was counsel for Heating, who Mao
by hie efffdavlt hated the allegations of fraud and collusion
made sgalaet hies and the other defendants.
The Master of the Rolls stopped Mr. Lloyd, and said that
Use only doubt he had fait in the course of the argument was
as to whether he should put the defendant Ookeley under
terms as to execution epos any judgment which he might
succeed in obtaining at law. His Honour had looked at the
pleas which tbe Mendel* had pat in to the 'vim, and found
that be pleaded band and notion of collusion on the part of
Cawley ; and no doubt a jury would be the proper tribunal
to decide such an issue. '1 he setlon at law would therefore
proceed, sad order all the oircunistencee th.re would be
no
other order upon this motion, than that it should stand
over until after the trial at law, with liberty to either party
to bring it on Kula upon giving to the other side one clear
days notice.

COURT OF QUEEN'S BENCH.—Nov. 21.

Sittings in Banco —(Botors Mr. Jambs Crompton, Kr.
Justice Hilt, uad Mr. Justice Blackburn.)

Mr. Justice Hill, at the °polyp of the court, stated that
the Lord Chief Justice wee corottlled to absent himself, on
account of millets-onion ; Mr. Justice Wlghtman would be
obliged to attend the Divorce Court, but that Mr. Justice
Campton would join the court at one o'cloca. In the mean-
while, however, they mast 'wooled with only two judges.
THI SALOON OMNIBUS COMPANY V. TIII or-venom
ormara COMPANY.

Mr. Gilad moved for a role calling upon the plaintiffs to
show canes why a certain subtui.sion to sr bitrAtioa
between the plaintiffs and the defendtata Ghoul not
be revoked, and why Parker and Catling, two director,
of the company, should not be made to pay the oasts
of the proceeding*. The affidavit, In the cue were very volu-
minous. They set out that certain criminal proceedings had
hoes taken against no law than 32 persons fur cone Orig to
injure and destroy the plaintiff. company ; that voes
meetings were held before a magistrate in the matter of the
rueseution, who more than once suggested that ell disputes
between the two companies with regard to ironic, ought to be
esibend to arbitration. Itecordiegly a referent), did take
piece—but by some sort of trickery the plaintiffs managed that
the arbitration should Inds& matter. sot contemplated by
thedeed—and they provided that th.. arbitration should ex-
tend over an Tilden bite period tithes. Well, immediately atter
they had gone into their own owe, and had celled over 100
witnesses, the very two directors who had signed the deed of
submission procured that the Saloon Company should be
wound up, and sold off all their stock of horses and
omnibuses. Under them circumstances the defendants
were placed in this Minima: either they must fail
to taste good their defence, or after calling an
immense number of witnemes, and fully establishing
it, they must be without any one to proceed against for costs
that might be awarded to them. Ha moved, therefore,
against Parker and Ceiling as the two directors who had
caused the company to Le wound up, alth,rugh they had
hese the parties signieg the deed of submission.
Mr. Jamie, Crompton said the court would not examine
whether the arbitrator bad gone into matters not weber
plated by the deed of euttelssiois ; but as the company was
Insolvent, it was undoubtedly right that the defendants
dioali hove a nib to revoke the Nair at sokaisolos sake

the plaintiffa chose to give security for omen that might be
awarded against them.
Mr. Giffard said his difficulty was that the cwnpany being
issolvaer, tai security was at no avail.
lir. Justice Hill—The representatives of the company
mat give substantial santrity.
Rule asoordingly.

attorseye, who mould be property robbed for tbeir styli-
geaoe. It anal be probably siceseery to reale o tee rule sr to
the dlasliowanee al costs.

LNSOLVENT DEBTORS COURT.—Nov. 21.
(Before the Chief Connissieriv.)
lx MN MATTER OP YILII IILOCIL--ALLIGID •
This iosolvent a Pole, who hrbeen in ruiner as a hot
sad shoe manubicturer and leather seller, at Hackney' was
opposed by Mr. heed for a creditor named Jones anti other
creditors. Mr. Kemp appeared aa counsel for Reser.
Axton, and Mr. Sargood supported.
This case disclosed a robbery to an client of 1451. in
money, and 30/. in goods. It appeared that the insolvent
had only been a few months In business on his own account,
bring been traveller to a wholesale boa., and his debt.
wage about 1,0001. On the 12th September last he elleged
that be wee robbed of 1451. in money. 1301. in gold and 164 la
Beak notes, and he wage/ion afterwerds arrested. This allega-
tion wee viewed with suspicion by the creditors, and a hearch-
ing inquiry was now made of the insolvent. From hi. state.
resat it appears that the insolvent, • single man, left hi. +hop in
company with his man and boy, on the night of the robbery.
They parted soon after they lett the premier, and the in-
solvent returned home about 11 o'clock and went to bed.
The only person in the bore when he left, was an old
woman who took osre of the place. He let himself in with
a latch-key and retired to bed. About 6 o'clock he was
awoke by a policeman who found the Woe door open, end
he the dirrand that be had been robbed to the extent
' stated. The insolvent had no other evidence in court of the
robbery but his own statement.
It wee elicited from the insolvent that he had won 1301. in
a lottery at Warsaw. Be joined his brother to the lottery,
sad the prise of the two shares was 260/. There was some
diarists, r the erne were in the hands of another party, and
be (the Insolvent) had received no benefit from the trans-
sodas. He had sot mentioned the lottery on the ecbedule.
Mr. Reed rid there should restatement se to the lottery,
and h. submitted to the court that the insolvent ehould pro-
duce evidence as to the alleged robbery. The shopura and
boy, aside° the old woman and the policeman, could attend to
give evidence.
Mr. Sargood said he could not reels' the application. It was
necessary that all the light that could be obtained should be
thrown upon the subject, viewed as it was by his leaned
fried.

The Chief Conarairesimsor considered it remoneble that
further evidence ehould be given. It did happen now and
then that there was a cue in the court of a robUory, and it
wee expected that all the evidence that could be given would
be brought forward on the ocesaion.
The case was adjourned to the let December.