The Express.
London, England, 1861-01-26 00:00:00

tab if nttlligenct.

COURT OF QUEEN'S BENCH.-JAN. 25.

Bitting, at Nisi Prins at Guildball.—(Befeen Mr. Justin'
Blackburn and Common Juries.)
PITCH V. COLZ. BTLLB Or ZXCHANGE.

This was an action on a bill of exchange for 19111. It4a. 3d.,
drawn by the plaintiff and accepted by the defendant. The
defendant pleaded that the bill was an accommodation bill.
Mr. M. Chambers and Mr. Thonip.on Chitty were for the
plaintiff ; Mt. fferjt out Shee and Mr. Garth represented the
defendant.

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It appeared from the plaintiff's ease that ho was the soli-
citor of the General -oount Company, of which his
brother was chairman. The latter was in the habit of
handing all dishonoured bills to the "ntiff, who pro-
ceeded on them. The plaintiff that the bill sued
on was not in the hands of the company, Wiest been
endorsed to him by a person named Green, who had ad-
vanced the money on it.
The plaintiff's brother deposed that the defendaat had
told him this was not an accommodation bill, but foe goods.
The defendant was connected with the contract for the rol-
tropolitao sewers. lie stated that if he had known it was
an accommodation bill, he would have stopped the credit of
Green at the discount-office where his word was law.

Green became bankrupt ; hut witness had each confidence in
hint, that he lent him V. one morning on his I 0 U, and
his bankruptcy was on the afternoon of the same day. The
defendant bad said that Green had induced bim to sign
.ome accommodation bah ; but he would forgive him be•
cause he was a good fellow, if be would stand up before him
for five minutes. This bill, he had said, was not an accom-
modation ball.

The defence was that Green was a potter and brickmaker,
and that the bill bore on the face of it for value received
on pipes, kc. On August H Cole received a letter from the dis-
count company stating that the bill was in their hands, and
they should proceed on it if not immediately paid. He was
unable to do so, and tried to make terms with the com-
pany through the plaintiff. He thought at the time the
bill hail been given for good& He had had large trame
tions with Green, and this bill was a renewal of a bill for
IK/ O. 17a. as entered by Green in Ida (defend.
ant's) bill:
book, and that was a renewal for ano-
ther bill for 182/. He said, that at the time
the bill was given Green owed him 1,2001. When a bill
used to fall due Green would say, "Never mind, old fellow,
add 100/. or anything to it." (Laughter.) He traced the
bill back to a 2001. bill in December, 1850, for cash. There
had been a bother about the bill, and Green said he would
take up the bill, as there was a long account between them.
Subsequently the defendant said, " I hold all your bills and
promissory notes, awl I will sue you on them, though Jack
Fitch mays I can't." The defendant then accepted this
bill, when Green said he owed the defendant 7001., and
not 1,2001. . . .

The leaned Judge having summed up,
The Jury found for the plaintiff for the amount claimed.

COURT OF FICHRQURR.-JAN. 25.

The court sat in basso at Westminster, and were engaged
nearly the entire day in bearing arguments in a allO on the
special paper involving a right of way.

Sittings at Nisi Prim at Guildhall.—(Before Mr. Baron
Bramwell and Common Juries.)

DANITNO AND RIR r. COLLINGW(X)D.-NZGLIGENCE.
Mr. Peareewu counsel for the plaintiff, and Mr. flarnard
for the defendant.

The plaintiffs in this action reside at Featherstone-
buildings, Holborn, and the defendant is the landlord of the
Magpie and Stump, in Red Lion-street, Holborn. They
sought to recover compensation for injuries received by
the female plaintiff under the following cimum.
stances. On the 3rd of November Mrs. Busting bad
been making some purchases, and in passing by the
defendant's bowie she fell down the open grating, owing
such injuries to her beck and legs that she was confined to
her house for some time. Her expenses for medical attend-
ance were 3/. 35., and for a nurse 30s.
The defence was that the female plaintiff had by her own
negligence contributed to the accident, she having pre-
vMuslv called the attention of an old woman to the fact
that the grating was open.
The jury found for the plaintiffs, damages IW.

COURT OF PROBATE AND DIVORCE.
JAN. 25.
(Moro the Judge Ordinary.)
PAISLOW AND OW= Ir. MAUL

This was merely a came of proving in solemn form the
will of Mr. Charles Daw, late of Berkeley, in Gloucester-
shire, farmer, w►o died lest year, leaving the bulk of a coo.
adorable property to his niece. The defendant was a sister
of the testator.

Dr. Plullimore, Q.O , and Dr. Wamby, appeared for the
plaintiffs; Dr. Spiel's for the deftndant.
The Court granted probate as prayed.
■ALSO r. MALI/N.

This was a suit for a dissolution on the ground of bigamy
and adultery. The respoodent, a servant, married the pe-
titioner, then Mims Cecilia Cell, the daughter of a clergyman,
at Mt. Peter's Church, Stoke•upon-Trent. The ill-assorted
couple sepsrated in the following November, and ow the
Mth of January, IM2, the respondent married Hannah
Ward, at a Baptist chapel in Stoke. At this latter marriage
the age of Malbon was stated to be only Mk There was no
issue of the first marriage ; but Malbon had bad four children
by Ward.
Dr. Deane, Q.C., and Mr. Kingdon appeared fer the pe•
titiooer.

The Court granted decree.
ROBERTS r. ROBERTS AND HERDIIIAN.

Mr. Percival Benjamin Roberts, • master in the royal
navy, married Concetta., his wife, at Malta, on the 21st of
Nov., 1840. On the :loth of October, 1842, Mr. Roberta
sailed with his ship, the Daphne, for the Brardian station
leaving his wife at the house of Mrs. Moodie, the wife of the
surgeon on board that ship ; but in the month of February,
1844, she was delivered of • child. The co-respondent was
a partner in an extensive linen yarn business In Tyrone ;
and the petitioner had already recovered 1,000(. damages
from him in an action for aim. con.

Mn. Moodie stated that the respondent made the
acepiaintanos of Mr. Herdman soon after ber bus.
band had left England. She used to visit and
correspond with him, alleging that he wished
to perfect his knowledge of Italian by convening
with her. After a time witness found a letter of the re-
spondent's commencing in a manner improper for a married
woman, and desired her to return to her friends, as it was
apparent that she did not know the usages of
society. The respondent said mattes had gone
too far ; she was afraid she was in the
family wa v • , for she had been seduced daring her visit at
Mr. Hertlman's house. Witness wrote the same day to Mr.
Herdman, who immediately came over, and beiged her not
to write to her husband on the saltiest, He said that he was
the most guilty Person on earth. Had written to him what
Mrs. Roberts said, and had asked him to come over and dis-
prove it if be could. Told him that she (witness) should
write to her own husband, and leave him to communicate
what he chose to Mr. Roberts. The co-respondent mid
that if Mrs. Roberts had a child he should feel it his duty
to support it. Mn. Roberta afterwards left witnces's
homes and wept to reside in the neighbourhood, where she
was delivered of a child.

-457 C., and Mr. Pritchard appeared for the
petitioner ; and Dr. Swabey, for the co-respondent.
The Mae wee adjourned to allow proof that the marriage
was a valid one by the law of Yalta.