The Express.
London, England, 1861-11-19 00:00:00

SECOND COURT.

Sittings at Nisi Prins at Onikilml3.—(Before Mr. Justice
Crompton and a Common Jury.)
AVERS V. BARRETT.

The court was occupied the whole of the day in trying an
action brought by the plaintiff, a member of the Stock Ex-
change, to recover the sum of b)(. on a promissory note from
the defendant, who is a nolicitor, practising us
court, City. City. The defendant pleaded, first, that the plaintiff
had obtained a judgment against him, which be had sold
and assignsd to a solicitor named Hobson, and secondly, that
lb. promissory note in question was obtained by fraud and
whoa sober durma.

Mr. Henry James wee counsel for the plaintiff ; Mr.
Hawkins, Q.C., wadi counsel for the defendant.
In consequence of the plea of fraud the issue rested on the
defendant, who had to begin. It appeared that the plaintiff
had recovered a judgment spinet the defendant for 1561.,
upon which he warn arrested and taken to the Queen's
Prison. After he had been there for some time negotia-
tions were opened between the plaintiff and Mr.
Robson, an attorney, of Clifford'sdnu, to whom the
defendant wee indebted in a large sum of money,
for the purchase, by the latter, of the plaintiff's
debt in order that the &leaden% might not take the benefit
of the Insolvent Act ; and upon consideration of being
paid 801. he agreed to sign the judgment and the whole of
his interest therein to Mr. Robson. The money was accord-
ingly paid to the
.plaintiff in the Queen's Priacn' and he
executed the asstgoment. After this Arena saw Barrett,
and insisted on his giving the bill in question before he gave
him his discharge, though in point of fact his signature waa
not required for the purpose.
The plaintiff most positively denied the fraud. The bill,
he rd, wee given with a perfect understanding on the part
of Barrett. It was not until Barrett bad petitioned the
Insolvent Court, alter the note had been given, that he
wrote to the plaintiff, saying it would not be in his power to
take up the note, as he was again in prison.
After hearing the evidence on both sides,
The jury found a verdict for the plaintiff, lamages
201. Is. Bd., negativing the charge of fraud.

COURT OF COMMON PLEAS.—Nev. 18.
Sittings In Banoo.—(Before Lord Chid 'Annie* Erle, and
Justices Williams, Byles, and Keating.)
STAPLES V. Till ACCWINTAL ORATE UISCHANCM COIIPANT.-

Yr. Prentice on Saturday moved on behalf of the defen-
dant for a ride to show cause why a writ of prohibition
should act issue to stay any further proceedings in the cause
in the county court of Cambridge, and stated that the
reason why it was sought to remove the came to a superior
court was that the question iavolved was one of great im-
portance. The ground of the application was that the cause
of action did not arias within the district of the anabrislie
County Court ; the circuinstaoces being that it was as ac-
tion upon a policy, the defoodanta carried on business in
London and the policy was executed in London.
The court this morning granted a rule.

MIME= C. WILLIITT. —A PPRAL BOY NAGIATRATLS.
This muse appal from a decision of magistrates. The
respondent bud been summoned before the magistrates at
Cardiff for nailing by auction in • room in Cardiff. not
attached to his dwelling-house, certain marketable articles
which, it was contended, should have been sold in the
market. The magistrates held that the offence was not
proved, and this decision we. now appealed against.
Mr. Oiffard appeared for the appellant, and Mr. Waddy
for the respondent.
The Court said that the General Markets Act made • party
liablo who sold except in hi. own dwelling house, or in the
shop attached thereto ; whilst the local eat for Cardiff said
that the liability should be for selling except in any shopwas attached to and being part of any dwelling-house. It
believed that this variation of terms was intentional ; and
the court was also of opinion that the ancticia-rtarn was a
"shop," within the meaning of the act.
Appeal dismissed.
Sittings at Nisi Prins in London. —(Befare Mr. Justice
Wiles sod a Common Jury.)
NORMS N. ANTHONY.—AN DIDLAN DOCTOR AND • LADT'S