The Express.
London, England, 1850-01-21 00:00:00

SAW OtteMoue.

COURT OF COMMON PLRAlL—EutTuiont.
@MINN. IN LAM Dana lIDL Seneca Kama. Us ars
ricaCenerwath,llslverses Wasaana, use /la. JOST= Turmas.
Mammon r. Warms. TwD Lannon awn Waltma-
n's Loan Sorter&
This was on adieu whisk bad lean Ineuglit by a builder
twsidlui I. Delmatmet, Lineeda'sdamblis. Ida was the
secretary to the Loudon and Waitaki/der Ives Society,
@Mast • ban who canted en his business at 167 Fleet-
areet„ and also ia Solbees, to femme dm min of 251.,
whisk the plaistilf had boss esamlled to pay ter the dr
fesdant, Ia the Mamas, el a surety. The eses was tried
an Thursday lest at Warminster, iwore Mr. Iset/sa
gourd, end was taffy reported la the Ewen of rho
fallowing day. At the trial It appeared that ibe
in the swath of July,
_1617, was in anbartmail wYati
emcees, sad had applied te the plaietiff, as the maw
tan of the Lean Sasimr, Alain an of
MeV
fo: hia, epos depositing the kw of his genalem.
in F.,,et.strest, a security. The tom moiety via Ifs ago
pl.caties of the defendant being laid before the dbables,
agreed to loud hl. 3001., on the de posit of his batey and the
plaintiff basso security fcr the defendant, by slipis a jotat
prossmory note for that month In consomme off having
done this. Mr. Harris's had had to pay the London and
Westainster Lean Society the sum of 251, te Mae DAMS
he had bought this action against is deintimA It
further lammed is the trial of the cause, that the albrimil
was to borrow the nosey for two y eon, for whisk town
of COL was deducted for interest, being at the rate:al
$ psi
mat. The expansesconnected with the transaction
to *N. Se. 4d., and a balance of 237/. Its. ed. sou
paid to Mr. Watson. When the promissory IMO
was signed, a written agreement was emoted by
the defendant, by which he authorised the phial, to
bold the lease of his premises in Fleet street, sad
connected therewith, as a security for having the
prominny note. Ts* agreement also undertook, in *sae of
the plaintiff being sued for having slened die pimbsery
note, that the defeatism would at his own expense emests a
mortgage of his premises to the plaintiff. The dames get
up at the trial was that the promissory note was a mere
colourable transaction, end bad only been made use of to
enable the loan society to charge 10 per cent. laterite on the
money lent ; sad that the real security upon which the 3001.
Wu advanced was the !rave of the house in Fleet-street,
wh.ch was a security of that kind that could only be legally
deposited is ems where 5 pa cent. was the rate of interest
abused apoa the loan. . Miller, who was counsel for the
defendant, relied ape the set of parliameat of the 2nd and
3rd of Victoria, eap. 37, see. 1, which, although it enacted
that more than 5 per cent. interest might be charged upon
Mile of exchange which were to ran for a limited period,
specially provided that in cases where any lands, tenements
or hereditatnents, or any estate or interest therein, was the
severity upon which money was ;lent, no more than 5 per
cent. interest was legal. The learned jade, in summing
up left it to the jury to say whether aceentlng to the written
agreement which had been executed by the defendant, they
believed that the lease of his premises in Fleetrreet had
been deposited with the plaintiff as a private security, to
protect him in case be should be called upon to pay Use
prcmiestry note, or any pert of it, or whether it was placed
in his heeds as the agent of the London and Westminster
Item Sudety. If the jury were of *pinion that the latter
was the ease, the learned judge thought the serdict ought to
be in favour of the defendant.
The jury, after having had the question put twice dis-
timely to them, returned a verdict for the defer dant, staticg
It to be their cowrie:ion that the veal security upon which
the money was advanced was the depoeit with the plaintiff,
as the agent of the company, of the lame of the dekndant's
premise in Fleet-street, and that the promissory note was
a mere eoloarable transaction to enable the company to
charge 10 per nut. interest on the loan, and thus avoid the
usury law.
Mr. Setjeant 13yles, pursuant to leave reserved, now moved
for a rule calling on the defendant to show cause Irby a Tel,
diet should not be entered for the plaintiff for 251. The
learned urjeant contended that it was not competent for the
defendant at the trial to raise any question with respect to
the utury laws, as he had put no plea of usury on the record.
lf, however, the transaction were one the object of which
was w tvaCe the usury laws, the defendant having agreed to
this proceeding, could not now complain of it, and therefore
the partial stood in the usu.l relation to each other of prin-
cipal and surety.
The court were of opinion that the main question in this
ease having been left to the jury, and decided by them,
there was no reason to disturb the verdk-t.—Rule refused.

COURT OF EXCHEQUER.—SATCIDAT.
&mem Di BANCO.
NOTTIDOII T. Aoarixoirs
Logic-L-33T orr.
This was en action brought to recover 3601. as money had
and received to the plaintiff's use. The defendant pleaded
non cosunirsit an I a set off, for certain payments made by
him for the board, lodging, care, and protection of Miss Not-
tidy (the plaintiff ) for a period of 17 months, during which
she was an inmate of Dr. Stilwell's Lusatia Awl= at Moor-
croft House, Hillingdon. It may be remembered an action
of trespass wee be:sight by the plaintiff some time
ago against her brother, the Rev. Mr. Nottidp, and
the present defendant who was her brother-ia.law,
for asssultine and falsely imprisoning her in Dr
Stiwcil's Asylum. The ewe attracted general attention,
from its very peculiar circumstances, and the extraordinary
tenets of a sect who had taken up their residence in a plans
called the 4amwe' at Charlinch, in Somersetshire, and
to which the plaintiff with two of her sisters, attached her-
self. It appeared both the defendants had acted under the
express directions of the plaintiff's mother, who had signed
the order required b 1 the statute tot the admission of patients
into lunatic asylums, and procured the usual medical certi-
ficates testifying the insanity of the plaintiff, who was
entitled to 6,00 W. in her own right. That action resulted
in • verdict foe Miss Nottidge, with 601. damages. The
present defendant, who had been previous to the transaction
in question in the habit of strapping the affairs of
the family, received, by power of attorney, the
plaintiff's dividends duns; her confinement. He
applied them in defraying the charges incurred for keeping
her at Dr. fitiliseres, and pay Mg certain other sums under
her previous auMority. This action was brought to re-
cover the amount of the dividends received under these
circumstances. As the evidence in both eases should ne-
cessarily be identical, it was arranged that the evidence in
the action of trespass should be imported into this, and that
• verdict should be taken for the plaintiff for the tam
claimed, subject to the opinion of the court as to the right egg
the defendant (who had paid 621. into court),to set off all the
payments made by him oat of the dividend', as mosey paid to
the use of the plaintiff. Mks Non** admitted pay-
ments made by the defendant on her behalf, except those to
Dr. Stilwell. A rule nisi having beim aceerdisegly obtained
to enter the verdict for the derat.
yr. cadavers, Q C., and Mr. ill. lank now
to show cams against the yule. Aka stuck
it was arranged that the argument alsold_ proseM npna the
assumption that Miss Netts urban *Mina in SO mu
itua, was a lunatic. It was admitted dm was mown a dan-
gerous lunatic, bat, for the purpose of minas ilsomolles, it
was amused she was a fit sub) 'et for • blanks km all
the time she was kept there. It was sow ea that
the defendant *old not sat of the plinths be had
mods to Dr. Stilwell he the plaintitonne and maintanose.
She had never athliselmil snit papasniso and non by im-
plication of law the bad nag allied his any onlinst with
the keeper of the Mods sobs, She dalhadient was the
plalatiff's spent merely M mew hen dkiikols. He bad
no authority, either espies ffisd. to appropriate them
is liquidation of adi b., and cape ally sof irk** she bad
not ciontraotod. The thst was, that Dr. Stilwell
held Mrs. Cordage win had nassopthiod dm plain-
tiff to his eitablisismoithmitipindlio At Ma
Tim debt was contracted by Mindige, and lbs 4=l*le
the memo yomoding clearly was to onside the dollimion
toad off smith* the plaintiff's OM., paymothe maim W
Ms is disallow of Mrs. NAM's% debt obanli wpm
that be bad dbilint authority frith he *Mg( de
sash a mu. He rushed smi eel
bawd to account for thou. It opLe:thd CIS d=
dividends had hi en reesivenbeks*
and la respect to them there add Is no doubt the was or
SION to a verdict. It was mama That as soma *wall
co their opinion upon the guano of law soli the
they appeared in oblong en the other trial, and
under all the .skincies it was admitted that nsgreenada
wild be laid foe disturbing the vodka oboady token.
Sir F. Thais**, QC., -Mr. Crowder
,i Q and /I*. I/a-
vail:red the rule. If the plated, Ind berzredp
detai in the lantana it could nin boOs
same person should ' fee her ow and mnithsomon
Dr. Sulwoll was am do se MONO hi /I=r
it. What could be mine isamsable Ibaa *a
who
such necessaries l The Winn" while esairad win way
much in the situation of on Mat win W.* miss We a
coanastt, for the *s for necessaries. Mae Oho* was thd err
wantons/4 be the plisWa booth
while is the *ohm.
Mr. Baron Platt pat the we of a wealthy nth, Mrs, in
onsequelee of a 101 l boss his corrispoolth mob in-
juries that he became ineethilids, and "WA in Oat Mb a
surgeon woo caned fa. Could it be einfindad CM Oa oar-
gem sold sot recover for his monism Mona tba gallant
wee lasmiW o isolable el asking a ondairth Mrs tha
room ?
The defendant's enamel said one a eau s=r
to
this, *ad contended that the plothilff, thisemb a the
bond by an implied contact. BM, it woo snook an he
other lido, that the debt dissiorged bY
is pedal of het, coanoned by Mrs. Notlidekthl that tha
plaintiff win ia no reopen sumodble kit S. Maisie
that view it was urged that Ma MOM*
_ tie mites ix tie ressydra d as Jidda