The Express.
London, England, 1850-08-12 00:00:00

THE EXPRESS, MONDAY EVENING, AUGUST 12, 1850.

NORTH WALES CIRCUIT.—CunsTEi, Aro. 9.

('flu PM —Berms Ma. Palen PAllle AND a PPP UL Jt RT.
Tut 1 A/CADMIC AID CMESIIIIII JeNc.
TIOX RAILWAY COMPANY C. WIWITZa.
The VW en seism to recover the sum of 2,01101., ing a
call el 101. pet alien upon 200 shares held by the defendant
at the time the call was made; end e'en the sum tel 4,e001.
for interest and on ley paid by the mpany an savant of
the defendant. The defendant pleaded first, meter in 'ebted,
and 'hat the c' mputy had abandoned the c Reins) under-
taking for which the capital was to be subs Yibul; that they
had not purchased the land for the purrs, and had now
los, their powers to do so ; and, consequently, were 'arable to
make the railway.
Mr Evans, Qt., and Mr. Wel-by appeared for the come
potty ; Mr. Crompton, Q.C. (who cam:, by epeeist retainer
In m the Northern Circuit), and Mr. Blum were for t-.,
defendant.
Mr. Evens stated the ease to the jury. The action wre
broneht by the Birkenhead. Ltecashire, and Cheshire jug.
hen Railway Company. constituted under an act nosed in
the year 184.8, to neuter from the defendant, Mr. Thomas
Webster, a banister, trailing in London, the amount cf the
shit call made by the directors. The lensed gentleman
then described the mode in which the railway was to be
made, the course it lire to take, and eel !allied the law en
which the calls were made. This would have been enough
to entitle him to their verdict; but he undentood his
learned triend was shout to adopt the enhtae whivh has het n
pursued in a cue recently deeded in the Court of Enbc-
neer, wherein the Melo nate, Boston, and Eastern Junction
Railway Company were ptaintiffe, soda ;noon named Coat-
card defendant ; hut he t Mr. Evans) apprehended that case
would not apply to the rue they were then trying, for in
that ease the call was pa) able by instalments, and the action
was conmeneed before the sec and instalment was due. It
should, however, be borne in mind that when the decision
was given in that eon early two learned judges were on the
beech—the Chief heron and Mr. Baron Rolle—and there
was nothing to show that the other judges ha 1 assented to
that decision.
His L-rdship icquired whether the calls now in ',notion
were mode by instalments?
Mr. Evans replied that they were. He then read the
terms upon which the cell was trade, which was by two
instalments; the first to be paid on the 16th of March, and
the second on the 16th of April, the resolution of the
directors to make the cell being date 1 the 10:b of February,
the action not being commenced until the 14th of January
in the present year, nearly twelve menthe etre the cell was
no a de. The directors of the Birkenhead, Lancashire, and
Cheek ire Junction Railway had entered into a contract wish
Mr. Brassey, in January, 1847, to do the most important p.rt
of the line—y4.' 'he branch between Chester and Helen.
' and Hebb, and Warrington. On the 10th of leguary,l Jl9
(the date of the mol), work had been done by Mr. Brsrscy
to the extent of 101,8271. He had been said the sum of
71.6791., leaving a balenen still to pay of 34,e451. They were
also liable to Mr. Brsesey in the sum of 313,6381. for works
in woven, thus making their total liabilitts 534,b091.,
tnwards which they had only received from 'he shareholders
371,432/ It had been stated that nothing had bean done,
where as the line wet so far completed that it would be
opened between Cheater sod Warrington on the Ist of
October.
His Lordship said he could not understand why the
dire c on split their calls in that way.
Mr. Crompton said one otject was to tie gentlemen to
their shares, for none could be transferred twit the c. 113
were all paid.
Evidence was then given of the call being made as stated
on the 10'.h of February, 1849.
Mr. John Gibson, secretary to the company, wee called,
and he elated that the company bad received on calls pita,
up to the end of 1843, the sum of 371,4321. 5..; that they
lad paid 268,8621. Is. Bi, • and that the liabilities of the
company were now about iBO,OOOl.
The witness was crass-examined at conaideraide length by
Mr. Crompton, with a view of showing that the original
intention of the company was to form a communication
between Birkenhead- duck, on the Cheshire shore of the
Kerley, and the manufacturing districts, by making the
Bee from Hooton to Altrionham, and thence to Manchester,
whereas the company were at present making the
branch only between Cheater and Warrington. He also
stated that at the time the call was made the company only
owed to Mr. Brawny for work done the sum of 3,6001, for
10,0001 for other work, and that they had 40,0001 in the
bank. He also admitted that the chairman and the directors
had stated at a meeting of the shareholden that the object
of making the call was to keep respectable parties on the
regime/.
This closed the plaintiff's case.
Mr. Crompton said, without any reference to ether p tints,
he apprehi oded that • call by instalments was had, and that
was the opinion of the Court of Exchequer. In support of
this he cited the case " Stratford and Moreton Railway
Company v. Stratton," wherein Mr. Baron Platt bad stated
that he was bound by that decision.
Hie Lordship said be looked upon it as two distinct cello,
and that ,he second was bad.
Mr. Crompton contended that both were bad; Mr. Boron
Platt had so decided, though in that cases both instalments
we re due.
Mr. Evans said Mr. Baron Platt ha 1 ex oresnd a different
opinion, but stated that he was bound by 'the opinion of the
court.
His Lordship said his opinion wen that a call by instal-
ments was good for the fleet and bad for the second ; and,
therefore, he should direct a verdict for half the sum
claimed. . .

Mr. Crompton said the call by instalments was one set,
sad ►ow could one aet don. at one time be part of it good
and part of it bed ?
His Lordship thought it in that instant* ; but he would
reserve the point. 0/king liberty to the plaintiff to move to
leeream the verdict.

Mr. Crompton said, the actions were for very large sums ;
perhaps his lordship would consider him u a tendering a bill
of exceptions.
The Jude—Oh, certainly.
Mr. Buss thought that would be the better course, and
he had no objection.
After ease cuisideration his Lordship said, the better
course wee for his to direct a verdict to he entered ter the
defendant on the first Taus, diving the plaintiff liberty to
move to eater a verdict for the whole, or any part, of the
amount claimed, either party to have liberty to tender a bill
of ereeptions is we the court should be of the same opinion
se himself. Bpos the ascend plea there would be a verdict
for the plaintiff.
Two ether easel la which a party named Barclay was
demise, sad saOthsr stated LUMISICIP, shared the ulna

fats.•
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