The Northern Daily Times.
Liverpool, Merseyside, England, 1853-11-26 00:00:00

(BEFORE THE LORDS' JUSTICES.)

BRYSON V. THE WARWICK AND BIRMINGHAM CANAL
NAVIGATION COMPANY AND OTHERS.

This suit rose out of an agreement entered into on the
21st of October, 1845, between a provisionally registered
company, called the London and Birmingham Extension,
Northampton, Daventry, Leamington, and Warwick Rail-
way Company, and the Warwick and Birmingham Canal
Navigation Company, and the Warwick and Napton Canal
Company, for the purchase of the shares of the two canal
companies. The agreement contained a stipulation that
the thereunder signing members of the provisional com-
mittee of the railway company should pay down, or procure
to be paid down, on the day of the date of the agreement,
£lO,OOO to be held upon trust, until the railway act should
be obtained, in taking transfers of the bonds or mortgages,
or in discharging the debts of the canal companies : that in
case £50,000, the entire purchase money, should not be
paid before the Ist January, 1846, the agreement should be
void, and the sum of £25,000 should be forfeited to the
canal companies, or the deficiency made good by the there-
under signed memebrs of the committee. That the terms
of the agreement, including the payment of the £50,000,
should be executed by the thereunder signed mem-
bers of the provisional committee, and such mem-
bers should provide such sum out of their
own moneys, or procure the same to be paid, so that the
canal companies should not be affected by any special trusts
or liabilites which might attach to the paid-up capital of
the railway company. The agreement was executed on be-
half of the railway company by six of the provisional com-
mittee-men, and on the part of the canal companies by
Colonel Russel, one of two trustees appointed at general
meetings of the canal companies to receive the deposit for
them. On the same day, and iu conformity with the stipu-
lations contained in the agreement, a cheque for £lO,OOO,
signed by three of the directors of the railway company, was
carried to the credit of the trustees of the canal companies
at the Leamington and Warwick Bank. In December,
1845, the railway company, having •been advised that the
agreement might interfere with their obtaining their
act, gave notice to the canal companies not to part
with the £lO,OOO without the sanction of the
railway company. The agreement was not car-
ried out, and the railway company having become an-
abortive speculation, was brought in May, 1845, under the
provisions of the Joint-Stock Companies' Winding-up Act.
The plaintiff in the present suit being one of the contri-
butors, filed a bill, under the direction of the master, on
behalf of himself and the other shareholdefs of the railway
company, to recover the £lO,OOO from the canal companies,
and the Vice-Chancellor Stuart, in June last made a decree
in favour of the plaintiff. The defendants now appealed to
the Lords Justices.

Mr. MalMs and Mr. De Gex for the plaintiff, Mr. Bry-
son; and Mr. Daniel and Mr. Selwyn for the official
manager, Mr. Croysclill, supported the decision of the Vice-
Chancellor.

The Solicitor-General, Mr. Glasse, Mr. Baggallay, and
Mr. Cadman Jones were for the appellants.
Mr. Malins replied.
Their lordships reserved their judgment.

MANCHESTER JUVENILE REFUGE AND SCHOOL
OF INDUSTRY.-ANNUAL MEETING.

The annual meeting of the friends and supporters of the
Manchester Juvenile Refuge and School of Industry was
held on Thursday night, in the B. Committee Room, Town
Hall, King-street. Amongst the gentlemen present were,
Alderman Sir John Potter, Absalom Watkin, Esq., J.P.,
the Rw. J. G. Vance, the Rev. Dr. Beard, John Taylor, Esq.,
W. R. Callender, Esq., Joseph Adshead, Esq., C. E.
Cawley, Esq., H. R. Forrest, Esq., Mr. Thomas Wright,
Samuel Eveleigh, Esq., Professor Calvert, Mr. Joseph Con-
sterdine, &c. The chair was occupied by Sir John Potter,
who opened the proceedings of the meeting in an appro-
priate speech.
Mr. Jourr TAYLOR read the annual report of the commit-
tee, which, together with the resolutions, having been put
from the chair, the meeting separated.