The Express.
London, England, 1857-07-10 00:00:00

SECOND COURT.

(Sittings at Nisi Priva co London.—Befora Mr. Justice
CresaweU and a Cuutuion Jury.)
f. LANY..--NALN OF MINING 4HARIN.

This was an action to recover :41. 10e., the price of 24
shares in the Weet!herrn wine, agreed to be purchased by
the defending. . .

Mr. Francis appeared for the plaintiff, and Mr. Huddle-
stop and Mr. Prentice for the defendant.

Evidence wan given to prove the contract en GAI4( of the
pinata; but on the part of the defendant it WM said that
the .bates wen, not delivered within a reimonable time. and
that in evinsequence. a Mr. Goa*, for whom the defendant
wanted the shares, hail refused to mccive them. ['ruler there
circumstances it was said that the defendant was cliseharged
from liability to pay for the shams.
The jury found a verdict for We defendant.

COURT OF EXCHEQUER.—JILT 9.
(NW Prim Sittings .t Guildhall—Delon the Lord Chief
Baron end • Special Jury.)

lIITMORE V. NOCTHCOTV.
Mr. Manicly end Mr. If. James were for the plaintiff, and
Mr. Knowles eel Mr. Cl, a4iy for the defendant.
The official assignee of the firm of Collette and SymonA
which beenne bankrupt on this Ifith of February feat, cued
the bankrupts' broker, Me. Nerds:cite, for a Runde., aricing
out of pales of geode, deposited with the defendant as cecurity
fir five billa if exchange, which the bankrupts had accepted.
The feet. wnlicputed acre that the bankrupts gave authority
to cell the go.do, if the bills were dishonoured, to enable the
defendant to recoup the amount of ethane.% and that beside%
the advance. defendant had made poultice. for the bank_
Esince. before the bankruptcy, without discloodng hie prioeb
, and had been compelled to pay, .in the bankruptcy,
ger mini. than the surplus lo dispute. The tarl !
sowignee wanted the defendant to pay over the surplus, and
prove fur his debt. The defendant and that there was mutual
credit ; that Le was a factor no well •• a broker ; and that he
had a general lon upon the goods.
After hearing aimed, and the evident* of the bankrupt,
Spoon., end of the defendant, Northeete,
The Jury found for the ilefenibmt that he had the right to
rep'sy hit:em mi ir tof the surplus of 770 t., the amount of
purchase. on bankrupts' weinint.

"MOIRA V. DUAITHWAITE AND ANOTHER.

Mr. Meill appeared for the plaintiff; and Mr. Lush for
the defendant.
ho plaintiff in a railway contrarfor, and the defendants,
Mew,. Braithwaito and Neus, aro engineens. in Great
Cieorgie street, Wisdinineter. The action was hr. ht to recover
back 2791. 76., which Mr. Baruv had paid to defendants to
get their award, in a thilinte with Mr. Hayward, clerk In a
local board of health. In fart Mr. flames had to pay
4W. Os. 9d. to delimit:mita to get their award. Ile sueceeded
in the award itself to the extent of about lOW. saagainst Hay-
ward, but in the Master's office. Hayward auseroded in strik-
ing off 2W. 7s. id. from the 4:i6/. Os. lid., and plaintiff now
sought la recover that amount.
Upon hie lordship's 'magma ion an arrangement woo made
to referee the legal point whether the action was maintain-
able, to take a verdict for the plaintiff subject to a detisima
on the pant, and sllolllii it to, Cr plaintiff, then to refer the
question of damage* to any member of the bar whom the
cowl may nominate.

COURT OF BANKRUPTCY.--Juty 9.
(Moro Mr, Commi.ioner Eine.)
tNt BE THE WELCH I'UTON SILAVI4, LEAD, AND MINING

CO M . .

Mr. Harrison preaenterl it petition under the 70th claw of
the of of last session (19 ,S; 20 Vie., esp. 17), as a prrolliut•
nary atop towards the winding-up of this company, which
had its offices in Cannon-street. !lo stated that the com-
pany, which was regiatered, and had brought itself within
the act of last PeralUTl, bed on the 6th inst. posed a reetolution
to wind up. They now rook, d that • day ebould be ap-
pointed, of which due notice would be given, when the cowl
might 'nuke an order in coufonooily with the 'astute
Ills Honour, after looking through the provisions of the
art, Mallard whether it woe necessary to name another day,
but said be thought be had power to sake the order at once,
and this (our. would save espouse.
Mr. Linklater, aro notions curio., stated that there had
hitherto only Morn three outwit of this kind in two of which
ho was concerned, and the course. pursued in these cases had
been to appoint a day for the hearing of the petition, giving
four days' notice to the parties concerned, in order that the
thing might not be done behind their books,
Ultimately the 16th inst. woe appointed for the hearing.

IN it, NSTMIN.-TIIE ROYAL littlTNH NVYK.

Tito bankrupt, on opothcenry, in the Waterloo-read, ap-
plied for Mn certificate. lle wee one of the numennto unfor-
tunate perwmo who have been Ifrolght here through bin
count aloe with the lineal Ilrit lob limit, no the holder of one
flaw. Hitt tr.ifle debts were only 100!. ;at the perifol
when the accounts commenced he had a capital of upwards
of 300 f.
Ilia Honour granted a drat clue certificate.