The Express.
London, England, 1850-06-05 00:00:00

Satz intentgence.

EQUITY COURTS.—YESTERDAY.
Bayous sus Cics-Cussesuoa or iNGLAJID.
Romig V. LORD BIuVOKAN —ExcEenuns 70K IW-
PERTININCR HATTNO REIN To LORD BROCOR4W°II
ANSWER, THEY Will ALLOWED IT TES MASTER. MILD,
THAT TEI MASTER WAS WRONO, AND EXCEPTIORS TO HIE
REPORT WERE ALLOWED.

.rte-Chancellor gave judgment in this mu. Th
manor came before the court upon exceptions to the report
of the Muter, who had allowed exceptions to the answer el
Lord Br iugham for impertinence. The bill was filed by
John Rolson the elder sod John Rob on the younger
who are coaehmakers in South Audley street, &gales;
Lord Brougham and the Right Honourable Edward
executor of the late Lord Melbourne. The
bill Ated that for many years previous to the month or
Jane, 1848, Lord Melbourne bad been in the habit of deed-
hog with the plaintiffs for carriages and harness, and that
in Jane,lB4B, the said Lord Melbourne contracted with the
plaintiffs for the hire of three carriages, built In the beet
end moot expensive style expressly for hie use, and fitted up
for him, and thereupon an agreement was executed by the
plais.iffs and Lord Melbourne, dated the 10th June, 1848,
by which the said John R Amon and Cy., for themselves,
their babe, administrators, and assigns covenanted and
agreed to furnish Lord Viscount Melbourne with • tout
chariot, travelling chariot, and a barouche, on job. forgone*
years next swung ; and further, the said John Robson and
Co. agreed to do all the necessary repairs, find new wheels
when wanted, Sec, fer the sum of 2411. 10a per annum,
and the said Lord Viscount Melbourne for himself, his heirs,
executors, or assigns, covenanted and agreed to take the
said nemeses fee the term of seven peers on job ite
inertia specified, paying fur each year in succesoioo in ad-
vance the sum of 2411. 10s., and eh taus to which the said
carriages might be Hahne, and the chsrges fox r,pairing dee
maga done by accident, broken glow,, oiling of wheel,,&e., the said carriages to be and remain the property of Jobe
Robson and Cempany, and delivered up to them at the ezpi-
retire of the term of seven yeses, as aareed ; that in pursu-
ance of the said agreement the plaintiffs furnished the three
curiae, s, which were kept and used by Lord Melbourne, ma
the footing of the said agreement, up to the timp of his di-
ces., ,• and Lord Melbourne paid the plaintiffs in the month
of July 1848 the rum of 2411. 10s. for the hire of the carriages
fur the first year; that Lord Melbourne also cmtracte.l with
the plaintiffs for the hire of harness for the said earr,Pees for
the term of seven year,, at the annual sum of 20 guineas ;
and that the harness was supplied in pursuance of such
agreement ; that during the year 1818 the plaintiffs painted
and repaired the said three cirri eges free of expense in all
particulars provided for by the said agreement; that during
the same year the plaintiffs made divers fittier for the salt
carriages not included in the said aneement, and did other
work and labour for Lord Melbourne to the mount of
631. 18s. 61., in which amount the s.id Lord Mel.
bourne was indebted to the plaintiffs at the time
of his death, which took place in November 1848;
that the said Lord Melbourne by his will, dated the 3lst of
Jan. 1843, amongst other things, directed all his just debts
to be paid, and appointed the deka hate his esecuton;
that on the 10th of June, 1849, there became due to the
plaintiffs, under the said sgrrement for the hire ef the said
three carriages,the sum of 2411. lOs..end for the. said hareem
the sum of 211., and 'broths sum of 53‘.186.6J.1rr reparre,dta,
making together the sum of 3161.85. 6d., which said auto the
plaintiffs had repeatedly applied for to the defendants, but
which the defendants had declined to pay them ; that the
! a in'. iIL had also applied to Mr. Cookbey, the o.efeedeote
solicitor, for payment of the amour, when an Ufa, of
2Ga. 10s was tatde to the plaintiffs, but which offer the
p aintiffs refused ; the'. En March, 1949, the said Mr. Cook-
ney sent a notice to the plaintiffs, rogairlai tina to remove
the three carriages to the it factory, hut the pla:nliffs ;relined
to do so unless they were paid 3s 61. per week for the treading
of each carriage; that afterwards the eirrisges were ter-ought
to the plaintiffs' factory, and had ever since been rending
there, and no sum ha-t ever been paid by the defendant. fa
respect thereof. The bill prayed that en account might be
taken of what was owing to the plaintiffs in respect or their
said demand, and that the estate of the said Lord Melbourne
might be duly administered, and that the demand of the
plaintiffs and all otter the enpaid deb.s of Lord llelrounie
might be poll and sat:e HA, together with its etas of this
suit.

To teis bill the defendants put in their jaist answer, dads,
their heti, t, from the pipe re found after Lord Melbourne's
death, that he had for many yens previous to June, 1848,
been in the habit of i iring carriages on job and purchasing
hunees from the plaintiffs, and that the loosest period foie
which such contracts were made was far six years;
that they had found • receipt dated the 10th d
June, 1b46, purporting to be for the fourth year,' hire
of two carriages of a renewed jeb of six years; that suck
last-mentioned cortract would not have expired until the
year 1849, and that the said Lord Melbourne, in the year
1846, had entered iota a contract fora third c,rriage, and
that the yearly sums pepsin upon the e .id ego con:reca
atta,unted to 2411 10, ; that the defer.dants had found
among the papers of the said Lard Melbaume an unstersped
paper, bearing the signature of J. It shawl and Co., lot not
signed by Lord Melbourne, and which was in the same
terms as that alleged by the plaintiffs to have Seen s x cutad
by Lord Melbourne nu the 10th of June, 1818; let in the
nid paler the word seven occurred three tiara, ant was
inserted in • hand-writing different from that is which tits
body of the paper wee written. but apparently in the same
handwriting as that in which the eh:eaten J.
in and Co. was written ; that they- hod s :so found
amongst the said Lord M•lbeurrie's paper, a hell
purporting to be dated in Jane, 1949, and to have
been owing to the plaintiffs for cotehmaking
busi-
ness, commencing June, 1847, and to which bill a receipt
was annexed, the last item of which wee, " the fret year's
hire of town chariot, travelling chariot, and berouche, of
renewed job for seven years certain from date, it the annual
premium of 2411. 105., as per agreement, the present har-
eem being made over to Robson and Co., they agrecieg to
repair the barn-as and keep it is order and famish new hare
ness when requisite teethe same term as the threecarrienset
the enamel premium of 20 guineas, as per agreement Ike
defendants further stated that, regard being nad to the tact
that in the said month of June, 1818, the said a iseount was
in the 70th year of hie theoind was and hail kr some time before
been in very infirm health, having had two sec: rep wall*
strokes, as was well kuowa to the said plaintiffs, and regard
being had to the fact, as defendants well knew, that the said
viscount thought very badly of his own chance of bite, and
regard being had to the fact that the said vim:cunt bad, pre.
viout:y to ISIS, hired carriages on a contract for sic years
only, and had a contract for two carriages which wou'd sot
expire by ellioxion of time tel At YU, 1819, defend-
an s thought et very improbable that the Plitt viecaunt
did, in June, 1848, either intend to contract, or did
in fact contract for the hire of three carriages for seven
yeats certain, without ebt ining any diminution of charge,
and without providing ter being supplied with new ewe:ages
built fur him expressly, or for the said contract being put an
end to either in the event of his increasing infirmity, or of
his death, on payment of some penalty, as was usual in con-
tracts of this nature. And under the cirennetances &krt.
said, defendable considered that there was great suspicion
attached to the aforesaid transaction, and were urder the
impression and belief that, as executors and trustees under
the will of the said viscount, under which they were trus-
tees for unborn persons, and for an intent of th e said teeth-
ton, they were bound to investigate the said claim with the
utmost care, the more especially as this defendant Henri
Lord Brougham and Vasa, had reasons, from his own
personal experience, to doubt the accuracy in bee
einem matters of the said firm of John Robson athl Co.,
and the defendant, Heery Lord Brougham and Vaux, for
h.naielf stated that previously to Deeemeer. 183), be had
dealings with said firm of John Robson and Company as to
the hire of carriages on job and otherwise, in respect to
which he pad the said firm • sum of 2501. in or &boat the
month of June, 183.5, and while he was sitting in the House
of Lords having appeals, and for which he took to re ipt;
and that in the month of December, 1835, the mid iirm de-
manded payment of him of • debt of 6001. and upwan's in
respect of the said transactions, and Bent in an ace -tint of
such claim, but without giving credit therein fur th. said
sum of 2501. so paid in the preceding month of June ; and
that on or about the 23rd of December, 1835, he, the said
Lord Brougham, had an interview en the subject of each
claim at Lis house in Berkeley-'quare with one of said
plaintiffs, in the presence of William Brougham, one
of the masters of this court, and a brother of this def, relent,
and in the COWIN of the said interview this attendant ob-
served to the said last me n•ioned plaintiff that no credit was
given in the said account for the sail sum of 2501, and that
thereupon the said hut-mentioned pl dinar posi-
tively deuied that any such payment had been made, anti
thereupon he (Lord Brougham) reminded the said
'Plaintiff of the place, and the circumstances under which
leach mount was made, but the mid plaintiff on
ytoeadrenisuy the
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ne saidienin firmee
tAnd" "d Wiliamo
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iJipophwthrhonot
hilfußeegt ohhattes ounehiml nis:wi daaendsnndudt mdi
Ct: efooto:h,rm. eas ion:prat le eathwahi leymor ef:Pubsrumei wcs
hnoleed "pi
fact ehior.-r
was, that there was a depute then going on between this
defendant and the said last mentioned plaintiff; as to an
item of payment; and the said William Brougham re-
quested the said person to turn to the books of the raid firm,
and that the said person did turn to the said book., and did
show the some to the said William Brougham, who therein
saw an entry of the said payment of the sum o: 2501. to the
firm, to the credit of this defendant last named, in the
month of Jane, 1835, and the said William B-ought m made
a copy of euth entry, and returned to the house.of thi• de-
fendant, and there found him and the said lest mentioned
plaintiff still discussing the bill, when the said
William Brougham produced the copy of the entry, sod
Warmed the last-mentioned plaintiff of the eircumtance•
under which he had obtained the sense, and ther.upou the
said last-mentioned plaintiff could no longer deny the pay-
ment, but expressed himself willing to give credit for the
said sum of 2501, and which he did accordingly then and
there. And the defendant, Henry Lord Brougham and
Vieux, also stated that under the circumstances aforesaid he
entertained an impression unfavourable to the eurreAdets of
the mode of transacting business used by the net firm of
John Robson and Co., and on diet age iunt be framed the
rest of the claim of the said firm, amounting to tivW and
upwards, to be closely la kid into and investigated, betweem
said month if December and the following month of March,
iwonsfh,6oozus.cuanhmiderobautuspiantrotizetchniwonairitsiheawahwoiernywilsh,eileticl:B36dmib.yotaihirehasecuanieciteccia,lutaistoimt,
2801 or thereabosam by this defendant to the said tient, end
m•lunifetd.rsteel'aetriidhhgeortcliodrustueuhtiory aswiantkille"Gnoef
a:othfairseueu.":lhtaidtleortbufesisraeottjtiseuegosuladt
sdrale3274vvit.iirstit;:asfe
egoinst the estate of the said late viscount, regard
being had to the earesaid eircumstanemeonneeted therewith.
Receptions for Impertinence were taken 'oy Mot pl.tintttfl
.00
tie latter part et the joint newer of • dew,.
bg the eeperete etateeMat of Load -

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