The Express.
London, England, 1861-04-17 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF EXCHEQUER.

Sittings at NMI Priva —(Befor• Mr. Baron Martin and
Common Juries.)

BILLING O. MUTH. -BREACH OF FROMM& •

This was au action brought by the plaintiff, a widow, 35
years of age, who carries on business as a greengrour at
85, Berwick-street, Oxford-street, against the defendant, a
widower, of from between 50 and 60, the landlord of the
Crown and Sceptre, in the Commercial-road, Peckham, for
breach of promise of nianiage, and also for money lent.
It is the first case in this court, and an exceptiocal ease
in common law, in which the declaration stated a breath of
promise of marriage, and also "an account stated,*
which is the lepl mode by which money lent
is first sought to be recovered. The declaration
stated that the plaintiff, knee Billing, and the defendant,
George Browne Smith, agreed to marry, and that a reaaon-
able time had elapsed for the performance of the contract,
yet although the plaintiff was ready and willing to marry
the defendant had refused to marry her, and had since the
breach complained of married another woman. There wu
also another count for money lent, of which the following
r Parch, culars were stated:
1858, cash lout
1857, ditto

May, 1.857, riitto
Five years' kilovolt on 30/., from March 20, 1856,
to March 20, 1861 7 10
Four years' interest on 200/., from May 10, 1857,
to May 10, 1861

277 10
By cash received on account . .. 124 10

Balance due

153 0

The damages were laid at 1,0001.
The defendant., in hie pleas, denied the breach of the pro-
mise of marriage, and as to the motley he denied the debt,
with the exception of 1431., which he paid into court.
Mr. Berieent Petendorff and Mr. d oyes were counsel for
the plaintiff. Mr. Lilley and Mr. Robinson were counsel
for the defendant.

The /earned counsel for the plaintiff having stated the
facts of the case as proved in evidence, the following wit-
news were called.

Elisabeth Warner examined—l kept the Beech lon.
I saw the plaintiff and the defendant there in 1&i.
They had tea at my house, and seemed very friendly.
Joyoe—Anything more! You are a married woman,
and ought to know something. (Laughter.)
Witness—He put his hand on her shoulder and round
her waist.

Mr. Baron Martin—That has nothing to do with it.
Witnem-1 &eked Mn. Billing were they keeping com•
palsy, and she laughed and said she supposed it would cows
to something soon. (Great laughter.) They left by the
!o'clock ouinibus.

Crow-examined— I owed her a little massy for • grocery
bill. I knew the defendant's first wife and the plaintiff's
husband. The defendant's house was not a licensed public.
house.

Mrs. Dinah Cumming examined—l have been acquainted
with Mn. Billing from the first day ahe was married I
saw Mr. Smith at Berwirk•street efkr the funeral of the
plaintiff's mother. He took hold of her hand and embraced
her, and said " Good night, Anne, dear."
Serjeent Petersdorff—Did you notice his demeanour
to her since ?

Witneas—Nothing more than • respectable tradesmen.
Serjeant Petersilorff —But a respectable trulebtruiu may
be gallant. (Renewed laughter.)
John Longuian—l reside at Great Bolton-street, Kenning•
ton-perk, and am a copperplate printer. I PAW defendant
at the funeral of the plaintiff's mother. He acted towards
her not as a young man but quite as a gentleman. (Laughter.)
I went to drink with him, and he said that now the funeral
wasover be hoped things would be comfortable and ,ettled.
After the funeral Smith paid her every due re pest which s
man would pay to any other female. (Greet laughter.)
Mr. Robinson—He a a kind-hearted old gentleman—is
be not

*its:eas—l have no fault to find with him.
Mr. Robinsou—The plaintiff is rather a handsome
IMF
Wither —I don't know. I am no judge of beauty.
(Laughter.)
Mary Anne Douglas examined--I am the wife of a bate
residing in the plaintiff's house. I have Imowo the plaistuf
and defendant for three years. I remember the plaintiff
was ill in October last. I had always seen a grest
friendship between them, and regarded hue as her only
friend. Seeing her is despondency, I spoke to
him. He saW " I suppose you know what n the
matter ; the fact of the matter is, we were to have been
married. I have withdrawn my engagement, and never
intend to be married." I said I was very sorry. He
said, "I am sorry too ; I always found her a woe
friend ; if she could ever lend me usistacos
she was always ready to do an." On the following Moeda?
I saw Smith and told him she was iu bad health nail *lour
out of her mind. He said be was of the same opinion.
Cross-examined—l was present when there was a little
violence on the pert of the plaintiff. She said
" You have driven me mad." She did not illy, "1
do not want money, but law." She did rat
her hand on him and push him. She did nut use violence.
I saw nothing in her hands beyond her cap—(laughter)- 501
am not sure of that. There was a painter at work in the
house.

Mr. Berea Martin—What u the plaintiff!
Wither—A greengrocer.
Mr. Baron Martin—And the defendant!

Witness- - A publican.
William Malcolm, a loil in the plaintiff's service, dept
that he liesrd the defendant order "the wails " from the
plaintiff.
Mr. Joyce—Did you hear him say anything about DAP
nrinesa—No, air, but I seen it. (Great laughter.)
Mri.to._w
Joyce—Will you
seengive i
them very irsomveeysil,ply iouttii:i.
W covens.
tion. (Renewed laughter.)
Crosa-emunined--Mrs. Billing was a tenant of Mr. Smith.
Hs used to take his tea and dinner there about three tgatd
a week.
Mr. Orridge—Do you mean to say he came these three
times' a week ?
Witness--I mean to say he had the gniit sometime!, eel
did not come at all. (Roars of laughter.)
John Hughes, a 0111•1111, proved that the defendant )444
a quiet beerhoun at Peckham, but knew nothing of
trade.
This closed Use plaintiff's case, and as the learned e00;,41
for tits defendant did not propose to call witnemcs,
Sergeant Petersderff summed up the evidence.
Mr. Lilley then addressed the just for the defence..")*
tending there was no proof of a breach of promise to nuurY;
and that the lending of the money %All a mere commercial
speculation.
Mr. Baron Martin then summed up. leaving the en,m6,:c
of damages to the jury in the event of their finding •erw'
plaintiff.
!diet fa
The jury, after a brief corsultatien, found a re
the plaintiff, with damages rill.