The Express.
London, England, 1868-11-11 00:00:00

COURT OF F.XCHRQUER.

SNOW at Nisi Prim.—glefore Baron Martin and •
Common :am)
It was announced this morning that the third sittings at
Nisi Prins in term would ousansimos on Wednesday next
instead of the preoeding day in ommequenceof the borough
elections taking place ma Tuesday.
rnroir P. KOWLI4
This was an interpleader issue to try the right to
certain goods mixed by the sheriff of Seat under a writ of
"seri femme.
Mr. W. H. Harrison appeared for the plaintiff ; Mr.
Ferjeant Tarry and Mr. Oppechein for the defendant.
The plaintiff, Mr. Frederick Cotton Finch, of Blackheath,
advanced from time to time, to the Clarence Hotel Company
(Limited), different sums of money amounting altogether
to 111,00 a for the purpose of paying the builder who
constructed a large hotel for them at Dover, and
received a moitgage of the property. Ultimately the
company let the hotel to the Imperial Hotel Conpany
(Limited). who can led on the business. On the 3Jth of
June last the Imperial Company owed the plaintiff abort
2,010/. for interest on the 19,00 W., and they gave him a
bill of bale on the furniture in the hotel for the =runt.
The defendant, who carries on the businese of a wine an
beer merchant at Dover, bad a claim against the Imperial
Company for about lOW. for bottled beer, and he brorgut
an action against them for the money, and obtained
judgment. On the 30th Angust the goods were
taken under execution for the defendant bet the pro-
mut plaintiff set up • claim to them under tan
bill of sale. This raised the question of the right tr
the goods. It appeared that an order was made ou'datue.
day last for winding up the Imperial Company, and that
the hotel was now being canUd on under the liquidet
The only defence to the action ass, that the plaintiff art
being an oridnary creditor for • current debt, and having
the money owing to him upon mortgage, ought, before
availing himfelf of the bill of sale, to have reamed under
his mot tgage.
Baron Mai tin held that the plaintiff had a perfect right
to fall back on the recency of the bill of sale, without tint
foteclot.ing under the mortgage, and that at the time of
the execution the furniture W the hotel lad passed to the
plaintiff. who was therefore entitled to the verdict.
Verdict for the plaintiff.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
11•108 V. ILLWEI.
Dr. Deane, Q.C., and Mr. Searle, for the petitioner;
Serjeaut Sargood and Dr. Tristram for the respondent.
lb. petitioner was, before her marriage to the respon-
dent, the widow of • man at Leeds, named Hoddy, of
Roddy-street. He died in 1857, and left bar 2201. a year.
In August, 1864, she married Haigh, who had been a gen-
tleinan's servant, but who had retired on an income of
1604 There was a settlement under which the respondent
took a life interest in the joint property. They lived
pretty comfortably together for a year, but after that the
petitioner found her husband intolerably stingy. This led
to frequent quarrels and to scenes of violence.
The petitioner detailed a number of these, and went on
to say that in August, 1867, the respondent threw her
down with such force and hurt her so much that she was
confined to her bed for some weeks, and was unable to
walk without a stick until long afterwards. This led to •
separation and to the institution of the present suit for a
judicial separation on the ground of cruelty. The de-
fendant denied the charge and pleaded provocation.
The ease is likely to last some time.

COURT OF BANKRUPTCY.
(Belem Mr. Cemesiedener Bacon.)
to fig z. r. we.
The bankrupt was a carpenter and builder, of Thorn-
ton-heath, Surrey. He attributed his failure to the tact
that the London and Brighton Railway Company had
reduced the number of their trains running daily between
Londoa and Thornton-heath. whereby his property had
been much depreciated in value. The debts are 10,07 W. ;
property held se security valued at 10,4001.
Mr. Aldridge, representing the official weirdo, stated
that be was in communication with the solicitor to the
mortgages, but had not yet ascertained whether there
would be any surplus from the mortgaged property avail-
able for the unsecured creditors, whose debts amount to
1,6791.
The bankrupt stated, in answer to questions, that ha
bad been bankrupt in .1859, and had obtained his certifi-
cate. All the materials purchased had boon used in the
buildings.
Ms Honour granted the order.
(Before Mr. Registrar Brougham.)
ni as 00/71117.—T81 AOSICIILTUSAL /BAIA commis%
no bankrupt. C. F. L. Ootfrie, was described as of 67,
power-street, Bedford-square, and for a short time lessee
of the Agricultural Hall,lslington, professor of music and
musical conductor. lie attributes his bankruptcy to the
failure of the concerts given by him at the Agricultural-
hall. The debts are about 6,0001. The list of
creditors comprises the whole of the members
of the band, about 170 in number, to whom
various small sums are due for salaries. Among***
principal creditors are:—The Agricultural HO Company,
VOL; Mr. Benedict, 10 guise's ; Madame Drasdil, 6 gui-
neas • F. F. Godfrey, 201. ; Mdlle. Lielehart, 4201. • the
police from Eingsland station, IGI. ; Mr. Patsy, 10 gui-
neas; Madame Ruderedorff, 10 guineas ; Mr. Vernon Rigby,
traless ; Mr. Sharman, builder, 4701. • Madame
' 551. • Mr. Austin, St. Jamee's Hall, 1301.
Mr. Williams,' Royal Nursery, Holloway, Mr.
Weller (Fluid), 401. Several well-known sums
amongst the members of the orchestra appear as creditors:
—Kr. Distin, 401. T.
Mr. Howell, 13 guineas ; Mr.
16 guineas; Mr. T. Harper, 9 gain ess; Mr. HughHears,r3Tl.
Mr. Magner, 8001.; Mr. Woolf, 3300. ; Mr. Levy, 211.
No statement of assets has yet been filed.
This was the first sitting. Several proofs of debt were
made, but no choice of assignees took place.
no BE ISAAC SAXES BROWN.
The bankrupt was a surgeon, of Mill-hill, Hendon ;of
17 and 18, Stanley-terrace, Kensington-park ; and of
Harley-street. Cavendish-square. Thus was a first sitting.
The debts are over 2,800/. Mr. James Beal, auctioneer,
Piccadilly, WIN chosen assignee; Men, Lowrance and
Co.. of Old Jewry, are the solicitors under the pro-
ceedings.