The Express.
London, England, 1861-01-28 00:00:00

COURT OF COMMON PLEAS,-JAN. 2ti.

Saitiap at Nisi Pries is Loadoa.—(Balfore Mr. Joetia
BAN sad • Common Jury.)

RAPIALL r. CIUCIL-ALLIGED FRAUDULIINT SAIL
The plaintiff in this owe is a furniture dealer and a dealer
ie cigars ; he also keeps the St. James Tavern, Duke street,
AMgate ; sad the defendant is the landlord of the Foun-
tain Tavern, Lower Cleptow. The action was to recover
Md. 2a, Utak:rice of Mlbs. of cigars, at 14s. 6d. per pound
and the ilefthekat plreded that he had bees Mead to
enter hthe the treasslies by fraud.
Mr. terjrat Tarry east Mr. Tiede! Atkinson appeared for
the
i. ; Kr. Hawkins and Hr. Hoary Jame for the
deindse

The Antiff called upon the defendant on the 43rd at
Nowmier brit, an offered him the cigars which he pro-
diesel, end the defendant examined them, end mad one
or two of them. The defendant deposed that the plebs-
tiff said the cigars wen the best foreign Hannan,
that he hail taken them in execution, and 1141=WINII
likely to he &mega by being kept among tanners
Iwo ldd sell them et lea. dd per lb. The pilidutiff, an him
pan, essizedisted these datums* and ft was submitted
that it sow eel lamb the elpss were mad to be foreign,
beams if they bid bees teraims they would bare bees
worth mom time Wee the price classed. 71m defendant.'
are was the be did est bay the cigars, but oily agreed to
pay let them es the leeday followmg if theicitarnisd out
as to be repeasped, he being no judge of hard,
whilst the piaintirs as. was that there had len abso-
lute ode. 'Awe in also • bill of parcels made out by the
*Wig awl left with the defendant, and •
owediercu written by the ileheriset himself on his own
billisemb and Oven to the plaintiff that he might hand it
to the mmemormgrs whims be met for the money, and both
tham doemseim deneribed the transaction as a sale. Another
alleged mirrpeseselatise wee that the plaintiff had told
the defendient that he bed sold tit) lbs. of the cigars
to Ns. Compton, • neighbouring publican, who had
recommended him to the defendant. The plaintiff denied
that he had made any such representation, and that he
knew the Darns even of Mr. Compton. Upon the question
of value there was evidence on both sides, the plaintiff's
in being that the cigars were worth the price charged,
whilst the defendant's witnesses valued them at Bs. or
Is. 6d. per pound.
The jury were locked up, and at the end of an hour they
seam into court, and said they found • verdict for the de-
feedent upon the poled that these was only • conditional
soh

Hie lordship expressed hie opinion that that verdict
ceoletioot stand in the face of the two documents which do
seethed the treestelion as a mks ; and it would, therefore,
he neeers
quory festion elor the jury to say whet was their opinion
upon the tread.
The jury said they could not apes upon that matter;
asd airy were casseqssatly again lacked up.
Jest belay the tlieg of the court they were sent for, and
they rid that there was no chance of their spring upon
the question of head ; they were divided in opinion in the
proportions of El to 4.
Hi lordship said he would discharge them if both parties
comorated to that coarse, but otherwise they mutt retire
Maw
After some discussion the necessary consent was given,
and the jury were discharged without a verdict.

00171 IT OF EXCHEQUER-JAW. 26.

Bllliage i■ Beam —(Befere Berms Yards, Bremeell, Chen.
sell, end Wilde.)

our f. THI

BLACK LEAD MINING COMPANY.-

sALazy.

This wee is adios bromiditii the plaistiti to mover
sumpresaikra for pervious as secretary to the detelatisota a
orimimay resisasted with limited liability under the Joint

Stork Companies Act, 19 and 90 Viet., c. 47. At the trial,
which took place before Mr. Bozos Bramwell, the jury
found for the plaintiff. with damages of 3901. A rule wee
stabseetrehtly old.tiusd to set aside the verdict, as the ground
that the appointment of the plaintiff was void, as it had
not leen continued by • general swain of the share.
holders.

Mr. and Mr. Kerslake now showed cause against
the rule, which was supported by Mr. Alan and Mr.
Grata.

he court discharged the rule.
DANDY r. -F.. r. DANIS.-AN Exrt.:NsivE

ARBITRATION.

Mr. Gray showed cause against a rule calling on Rose to
show came why the Master should not review his taxation.
There were two actions relating to a building account of
from 4,000 f. to 5,0001. between the parties. They were re-
ferred to arbitration, and the parties went before the
arbitraton without counsel or attorneys, with the view of
saving expense, though the result was widely different.
The parties were applied to for 75/. each towards the ex-
penses of the arbitration, which they paid, and ultimately
the arbitrators made au award in favour of Rove for 189/.
The arbitrator for Rose claimed as his expenses 155/. 11e.,
lMnks'a arbitrator claimed 158/. 104., and the umpire
102/. ilia. ; making over 4001.
Mr. Baron Martin —lt is paying 411 W. 17s. togain 1891.
The cue was directed to stand over for the attendance of
the Master.