The Express.
London, England, 1850-02-13 00:00:00

had obtained a jadistent for SU SWIM one Thorpe, the
landlord of the Boar and Reined Staff, pablie bona, in
Biloostmet, Ltionter.sipsere, end a " Lim" was issued,
and Illeanon, an Mien of the sheriff was in-
triabsd with the executive of the writ. When the
sign west is It wee Mend that • maa was la
paelamicia for a claimant nada • bill of ale, width was,
waver, afterwards abondoned. The sale was advertised
Make Mese en tie 91st of May, and what wee sailed a elle
didlake pleas 1 sad seranibs to the sheriff's .sherd M gro.
dual 111., amd Om main isikedmes 441, wee* is*. wilts
skimasta
ens had boss paid IMP wan. Ia point of Mo pegs
weali even aan nod= lave flashed 1204
+ken mid le • panne/man ate** hems,
useiset. Dar Pia pessasien by the Mem the
Wawa of the hems went en,and the aka. was headed
ever to the men is pommies. mid so retevalal bean made
of them. TM am hp piassestioe was paid by the claimant
ander the bill of sale for IS days, and yet the whole
of the patemeion *names were deducted. A
maim of the stork was ase said manually to
melba person for 141., and this rant wet net returned. The
rale was conducted in this wise: One Lewis, • broker em-
ployed by Shannon, offered to Thorpe ere asks the "sale
snag," is order to Ist his friends have the geode Asap, if he
was paid 61., which was dew, and 201. was also landed over
to his, to amble him to bid. The pawns coming to the
Isle wire "staved off," by being told that the natter sou
mottled, and these would be no sale. The captiquenos was,
that all competition was revealed, and the goods were sold
very law. A ram of 161. had mho been deduced for rent,
whims' a parses who bad pinhead the balsam had paid
that.
For the defines it was used that the officer bad done kis
duty ; that there wee no allusion in the matter, bet that
the goods wire regularly and publicly.sold, and produced
all that mold be expected.
Witnesses wan called to provadhis case.
Verdict fee the asiatiff—Dameges, 201.

COURT OF COMMON PLR/18.—YISTERDAT.
herao• AT MK rawo—llosoas Loan CIRO hat= WHAT AND
♦ CONTI= JTILT.

RAM O. Tl7llllll (5L11)4-CTION DI AN EtiOliTil

MI %INS? ♦ tLiZOTYAN.

This was an action brought by an engraver and printer,
carrying on his business in Regent-street, against a clergy-
man of the church of Ragland, to recover the sans of
361.45. Bd. 61. 100. consisting of money lent, and the re-
mainder of claim being for visiting cards, a card ease,
repairing two gold pins, and other articles of fancy stationery
supplied to the defendant.
Evidence was called oa behalf of the plaintiff to prove his
elides, and it appeared that the defendant had been in the
habit of drinking and smoking with the plaintiff at his house,
and that the same thing bad taken place at the lodgings of
the defendant, at No. 36, Duke-street, St. James's. A wit-
ness named Woodruff., who was employed from the 16th of
Marsh, 1849, down to the 30th of June, in the same year, to
drive the defendant about in a Clarence, proved that the
plaintiff had borrowed moneys( the defendant foe the purpose
of entailing his non, Henry Hayes, to go to Gravesend. This
witting further stated that he had seen money pass between
the plaintiff and defendant on another occasion.
Mr. H. Hill addressed the jury for the defendant, and
said that the jury had heard of the smoking and drinking
' which had taken place between the pleintiff and defendant,
and it was the unfortunate weakness in the defendant's
conduct in that respect that had enabled the plaintiff to
take advantage of him. It might be trne that a card ease.
a few cards, and other trifling articles, had been supplied
to the defendant, and those bad been paid for; but the de-
fence wee, that with respect to the greater part of the elide's,
the articles had not been ordered. The witness on whose
evidence the case mainly rested was that of the eldest ion of
the plaintiff, Henry Hayes, and he swore to the entries in
the plaintiff's order book. One was an entry of goods
ordered on the 16th of March, and the witness Woodroffe
had proved that on that day he drove the defendant in
Hydeptrk, afterwards to his brother's, at Battersea, and
then took him home,
_where he went to bed 1/I'.;
and, therefore, he had not been at the plain-
tiff's shop on that day. Woodroffe also proved
thst on the 30th of May, 1849, the defendant went to Yar-
mouth, and did ant again return to town, and by the entries
in the plaintiff's books a great many of the goods were
ordered in the months of June and August. Those two
entries in the plaintiff's books to which he (Mr. Hill) had
referred, could not be true, and under the circumstances of
the case he submitted hat his client was entitled to a
verdict. .

The Lord Chief Justice, having bri. fly summed ap, the
jury rearmed a vs rdict for the delendant.
The Court then proceeded to try some other causes, but
none of them were of sufficient public interest to justify a
report.

COURT OF EXCHEQUER—Yeenutray.
&mime is BASCO. -

CATIO AND OTHINSTA-241-10-NIESTO. ISOTHERM-CON.

TRACT.-RRIICNIRATION 100.11 INFORMATION.

This was an action in which the plaintiffs, as assignees of
one Amy, sought to recover a sum of money on a contract
entered into between h:m and the defendant, whereby, in
consideration that he would give information of an island
where the defendant might get a cargo of guano, the latter
undertook to pay a ewrtain sum. The defendant, by bit
plea, raised the question whether the bankrupt had given
the stipulated information. At the trial before Mr. Justice
Wightman, at Liverpool, it appeared that the information
given was that the island was named Penguin Island, and lay
eight leagues north of Prdestal Point. On obtaining this, the
defendant sent a ship, under an experienced capt•in, to the
Coast of Africa ; but he, instead of going eight Legato north
of Pedestal Point, relied cn the other etecription relative to
the bay, and proceeded to one of eight islands, there situate,
where he got an indifferent and insufficient cargo of guano ;
whereas, hail he pursued the other part of the informs' ior,
he would hen bit upon Idaho', which was then not known
by that name, though its peculiar value was undoubtedly
known to many. Under these circumstances, the jury found
for the plaintiff, deeming that the int motion pointed at
fetish°, and fully satisfied the contract. A rule tor a new
trial having been subsequently obtained, on the ground of
misdirection, Mr. Martin and Mr. Crompton appeared
to day against it, and Mr. Ath,rton in support of it.
The court, however, without hearing the arguments in
opposition to the rule, discharged it, being of opini-n that
notwithstanding the misdate:rip:len aa to the bay, the infer.
=idiom given was such as, if carried out by the captain,
would have led to the desired result. He, however, evi-
dently mistrusted the accuracy of the calculation, and con-
tented himself with going to a locality already known as
the depreitury of guano. The plaintiffs were therefore en-
titled to recover, and the rule must be discharged.
BROOKS O. ROOKE.B.—SentCTIONe—STATI;TH or
LIWITATIONS.

Mr. Collier aad Mr. Kerslake stowed cause against a rule
for a new trial, which had been granted 0.. afbdavits, and
also because the verdict for the plaintiff for 1001. was sifts-I
sive and opposed to the weight of the evidence. This was'.
an action for debauching the daughter of the plaintiff, the
defendant being a clergyman at Exeter, to which, among
other pleas, the defendant plead, el the statute of limitations.
On the part of the plaintiff, her daughter, Mary Maria
Brooks, swore that she was seduced by the' defendant in
January, 1843, when she was living at home, though she
bed been before and was afterwards for many years in the
service of the defendant, where, after one or two =lacer-
rages, she was ultimately delivered of a child.
Oa the part of the defendant, several of his servants de-
posed to circumstances which went to contradict the evidence
of the girl, while the defendant put in certain entries of
wages paid to her in 1842 as his servant, which had been
signed by her in a pocaet book of that date.
The learned judge who tried the cue reported that he
was dissatisfied with the verdict, and that the damages
were too high, ups this
The Court, after hearing the learned counsel for the plain-
tiff, did not cad upon Mr. Greenwood to support his rule,
but made it absolute at once.
Rale absolute for new trid on payment (Acosta.