The Northern Daily Times.
Liverpool, Merseyside, England, 1856-05-03 00:00:00

COUNTY COURT, v
--ESTERDAY

(BEFORE JOSEPH POLLOCK, ESQ , JUDGE.)
TURBERVILLB v. LISHI,SAN.—This was a•claim for £2l3= 3d,
for the rent of a house which the defendant had occupied in
Newsham-street. Mr Simon appeared for the plaintiff, and
Mr. Hime for the defendant. The case was heard on a pre-
vious occasion, when a witness, named Pyer, of 27, St. Anne-
street, stated that he was the collector for the plaintiff, and
that defendant's mother took the house from him on the 4th
of September, 1854, telling him she took it on her son's behalf,
The house was let to her, after some enquiries had been made,
at four shillings and sixpence a week, and was entered in the
tame of her son, James Lishman. Shortfy after it was altered
to the name of her husband, the reason of which Mr Pyer stated
was, that defendant's mother said ho was surety for another
pirty, and that he expected legal proceedings to be taken
against him. The witness stated it was always under-
stood, when he consented to this arrangement, that the
detendant should still be regarded as the actual tenant.
Shortly after the father died, and the witness stated
that defendant then called on him, and promised
to pay the rent in future, with one shilling a week additional,
towards the arrears of ,E 2 13s 3d provided a distraint were
not put in. This was agreed to, hut the defendant instead
of paying either arrears or rent, left the house secretly. The
defendant swore, on the contrary. that he had never seen Mr.
Pyer at all, en any occasion. Oa the evidence then before
him, his Honour decided in favour of the.plaintiff, stating that
he did not believe the evidence of the defendant. In the
second trial, yesterday, the book was produced, and it was
shown that Mr. Pyer had made the alteration of the name of
the tenant in the book. His Honour, therefore, said, if Mr.
Pycr chose to enter a false name in the book, he must now
adhere to it, and, therefore, accordingly gave judgment for
the defendant. Mr. lime applied for costs, and his Honour
granted the application, adding that if the costs were heavy,
they had been very properly incurred, inasmuch as the defend-
ant had been made to pay costs on the previous occasion.

THURSDAY

DICKSON AND ANOTHER T. THE EAST LANCASHIRE
RAILWAY COMPANY —ln this case, Messrs. Dickson,
Young, and Co., wine merchants, Charles-street, sought to
recover the value of twenty-five gallons of wine, at 63 6d
the gallon, £8 2s 6el in all, alleged to have been lost from
a cask of wine, in the course of its transit from Preston, on
the Fast Lancashire railway, and its delivery in Liverpool.
Mr. Hime appeared for the plaintiffs, and Mr. Almond for
the defence. It appeared that, in Atignst last, two casks
of wine, containing. respectively, 109 and 111 gallons, were
sent by the plaintiffs to Mr. Threlfall, of Preston. It was
round that the wine was not according to sample, and it
wo sent back to Liverpool in February. On the 13th of
February, the casks were bunged up in the usual way, after
having been "dipped," to have the contents ascertained,
and were delivered to one of the company's carters, to be
forwarded to Liverpool. Evidence was given to show that
the casks were fall when given into the custody of the
company's servant, and that the quantity for which
the action was brought was wanting when the
casks arrived at the station in Liverpool. His Honour, in
giving judgment, observed that there could be no doubt of
the fact that the quantity had been correctly ascertained
previous to the casks being given into the care of the
railway company. After the lapse of some hours, it was
found that upwards of twenty gallons were deficient. It was
not for him to say who was guilty of this abstraction; but
it was quite clear where the responsibility must rest. He
should give a verdict for the plaintiff for £7 with costs. He
added that the railway company bad done quite right in
having the case investigated, inasmuch as it might enable
them to detect the means by which such an occurrence
took place, and might assist them in preventing a recurrence
of such an abstraction. The case had been very fairly con-
ducted on both sides. It was undoubtedly the duty of the
defendants to have the case investigated, which had been
very properly done.
BOWEN V. CAMPBELL—SINGULAR CASE OF A FRAU-
DULENT CLAIM.—This was an action brought by the
plaintiff, who was the wife of a seaman named Bowen,
to recover £5 from a woman named Mary Campbell. Mr.
Grocott appeared for the plaintiff, and Mr. Hime for the
defence. It appeared that early in 1855 tte plaintiff went
to lodge in the defendant's house with her husband. In a
few weeks after. plaintiff's husband left the house, and went
to sea. Mrs, Bower, the plaintiff, remained for some days
a lodger with Mrs. Campbell after her husband had gone,
and she then quitted her lodgings, stating that she was
going to reside with her grandfather in the country. She
left her trunk in the defendant's possession, and came very
often to see her. On one occasion, when she came to the
house, she examined the trunk, and said £5 had been taken
out of it. She charged defendant with stealing the money,
and went for detective Scott, who came and searched the
house, and took defendant to the police station in Dale-
street, before Mr. Clough. As, however, there appeared no
means of supporting the charge as far as the defendant was
regarded, it was withdrawn, and the parties went away
together. The defendant had two sisters, one of whom met
the plaintiff some time after, when the latter
told her she had put her sister (the defendant)
in the County Court for the money she took
out of the box. Subsequent to this occurrence, the
present action was brought, which was for £5 lent by
plaintiff to defendant. The plaintiff now deposed that in the
month of August, 1855, and previous to the charge made
by her against defendant, the latter asked her for a loan of
£5, saying she wanted to redeem a satin gown out of pawn.
The plaintiff alleged that she lent her the money, and pro-
duced what purported to be a document signed by the
defendant with her mark, and bearing date, August, 1855,
promising to pay the money with interest. This document
plaintiff alleged was drawn up by her in her husband's
presence, She stated that the charge made by her against
defendant was in the October subsequent to this transaction.
The defendant was called, and positively denied that the
plaintiff ever lent her any money, or that she ever saw, or
put her mark to, any document promising to pay. Detective
officer Scott was examined, and deposed that the charge
made by the plpintiff was in June, 1855, not in October,
and he produced the books of the police office, containing
an entry of the charge, the particulars, names of
the parties, &c., under date the fourth of June,
1855. On that occasion, he stated, the plaintiff said
nothing of any money due to her by the defendant. The
plaintiff was again questioned, but was wholly unable to
reconcile the discrepancy between the date of the document
which she alleged to have been drawn up previous to the
charge, and the date of the charge, according to the evi-
dence of the detective officer, and the books. His Honour
said, his impression was that the woman did lose the
money out of her box; that when she found it was gone,
she made a charge on the defendant which she was unable
to sustain, and that she then invented the device of having
lent the money, thinking that, by that means, she would get
back what she could not °them* recover. Finding that
she had lost the money, she committed the very wicked act
of forging an instrument purporting to be a genuine pro-
mise to pay, probably persuading her,elf that she had some
right to do so. He would give a nonsuit, as the plaintiff
had not made out her claim. It was, however, a very
remarkable case, and he was by no means satisfied with some
of the evidence given on the ether side. When the hus-
band of the plaintiff came home, he would give leave to
have the ease reinstated, if Mr. Grocott was of opinion
the husband could throw any light upon it, and made
application accordingly.