The Express.
London, England, 1857-06-27 00:00:00

SUTTON V. NADLER -COMPATILNCT TO WAil A WILL.

A permon named Sutton had bequeathed property to the
defendant, but the plaintiff brought this action to tweet the
will, alleging that the testator wee not of • competent state
of mind to make • will. The OW WY tried Wm* Mr.
Baron Bramwell, sad the jury on that ocomion foetid a we-
diet for the defendant. Sobeequently, however, • rule nisi
der a new trial was granted, and the matter now came on foe
Inmat.
rule had been panted upon three grounds—first,
Bast the verdict was against the weight of evidence; but hie
lordship reported that he was not dissagistiel with the verdict,
and therefore the objection failed. Next it wan said that the
jury had been tampered with, but affidavits had been made
on the other side which it was admitted fairly anawered that
objection. Thirdly, what was said to be a very important
question was raised, via., what was the proper direction
to give to • jury in • cane of this kind. lii is lordship had
told them, it was said, that the burden of proving the in-
competency of the testator was upon the plaintiff, and that
if the matter ware left In doubt, if it were • " measuring
coat," the defendant ought to have the verdict.
Mr. Evans, Mr. Weleby, and Mr. Coaon apperired to
show cause; end Mr. Groves, 11r. Bearan, and Mr. M'lutyre
to support the rule.
Mr. Justice Cromwell raid the court did not feel much
doubt as to the decision which they ought to pronounce, but
as • very important principle was involved, they would take
time to consider their judgment.
Judgment postponed.
(Sittings at Niel Pelee in London.—Befote Chief Justice
Cockburn and • Common Jury.)
DOWNR V. V.M171 AND OTIIIIIIB.COLLIIIION.
The plaintiff in this case owned the barge the Edwin, and
the defendants were the °wawa of • new steamer called the
I'elton. The action was Istsaghtr morver 301. 17s. Id.,
for damage done to the plidalf e helm sad for itas of the
use of the barge, caned by the wigllgiass et the defendants'
eervante. The pies was sat golly.
Mr. Serjeant Slue and Mr. Jae& se cured fur the plaintiff;
sad Mr. Skinneread Mr. C. W. bowls were for the def.:minute.
On the 22nd November last, the plaintiff's barge, which
was laden with • cargo of chalk, was coming to London. and
at shag afa ar ram idiot la the evening of that day it
was pawed ythe dsharbeisf slowaer, which was making
ken lbs sebum towlsi•s Canal, wkkh &little above
Idatellede• Tles siasmsrwent alma 210 yards below
the Sank sod them WOW lowa for the peeress of getting
bale the awl. It was desk, sad the *awes first of all
showed • peso light isa bawd, bat saddialy she altered her
coGM awl tens" wend. sod she them astral • red light.
The rasa sa bawd the haw asw they ware in danger, and
saki eat la tit less as bawd the alasmm to starboard her
ban; let this was mat dm% sad the alsernor went on, and
Ord elm* • Wows amid J sod afterwards bit the
• anklailie ea the side. It wassaid
lee the *WM that V the &Wee& meana on board the
obese= hod siandad as the @AIM accident would not have
'Ed that Os swam Ow barge could nut have done
a• bawl avoided the wanks.
• ease was, that at the time the accident
bagsposed the simmer had no way upon her, that her engines
wen dogged, mad that the barge ran into her. II was also
mid QM Os beim of the Large ought to have been hard
aped, bakes thr from this being done, the men on the barge
eaddealyffeefged her anchor, and aho canted round with
the tbled mad so came in collision with the steamier.
Witnesses were called on both sides, and their evidence

nue of • very contradtetory ch.neter.
The learned Judge left it to the jury to lay to which ride
they gave edit.
'Thejary found verdict for the plaintiff fur the amount
claimed.

-
BIMINISII 011111 COVILT.
His lordship announced that a 'sound court would sit on
sesday nest.

COURT OF BANKRUPTCY:4mm 28.
(iiefure24r. Coausirioner rim..)

IN RE DE DUIVAI:ET.
The bankrupt, LDUDI Philippelimy Fewerick De Porquet,
is knows as the publisher of -various French school books,
but was made bankrupt as a dealer in agricultural Imple-
ments, of DO, Fenchurehogreet, and of Isirdykes, Horn-
church, in the county of Ease:, trading under the arm of
•• Mary Wedlake sad Co.- This wee the first meeting under
the binkrutAry for proof of debts and choke of assignees.
The following gentlemen were ehneen trade assignees :—Mr.
Wm. Dageltaw, accountant, of Coleman-street, end Mr. John
Whitmore, mill-manufacturer, of lenthureh-street-build-
togs. The liabilities are stated at 5,0001.; semis, about
1,0001. An allowance of U. a week was wade to the bank-
rupt.
TN RE BALL AND NALL

This wan the adjourned examination meeting in the case
of Henry Hall and Cheslyn Hall, ...Archon% of New Boswell-
court, who were made bankrupt ea cattle dealers of Neriedon,
Middlesex. The .-see stood precisely in the some position es
at the lest meeting, no amount having yet been tlled.
Mr. C. P. Proem, of Lincoln's-inndields, tendered a proof
for 2,5241. againet the joint mbar' founded on a decree re-
cently made by the Court of Chancery, in the suit of
" Cunliffe Hell." This suit was remarkable on king one
of the oldest awes in the court, the bill having been fled me
long ego an 1820. The proof was admitted.
Mr. Linklater presented a proof for 2,8 W, on behalf of
Mr. John Turner, for money received by the bankrupt,
Cheep Hall, in his capacity an co.trustee with Mr. Turner.
The proof WIN admitted without opposition. A claim fur
7,00 W. had been entered at a former meeting, which it was
proposed now to convert into an absolute proof foe 2,0004 in
order to take the dividend on that amount.
Mr. Laurance, on the part of thu amigneee, consented to
this counts.
Mr. Whitmore, in answer to the commissioner, stated that
he had 3,000.. in hand, and he proposed to make an imme-
diate olimdend. The dividend coercing woo appcinted for the
23th of July. A dividend of 2e. in the pound has already
been paid.
A proof for 319/. wan tendered on behalf of Sir Charles
Anabolic.. in addition to 40,0001. already proved..

Mr. Lawrence mid that at the lest meeting objection wee
made to the evnitinuance of the allowance, and it wee only
grunted an the understeading that it should not be paid
unless the solicitors to the assignns certified that the bank-
rupts were proceeding in making out the bills of mats. They
were Mill engaged in this way, but the assignees objected to
any further continuance of the allowance after the order
which was made at the last meeting. The bankrupts elated
thet they might be occupied two months loiirr with their
bills ; they said that one month would be occupted in making
out Sir Charles Rashout'a bill alone. If the bankrupts con-
tinued their services, the amigsteem might make them such
compensation afterwards sr apracired to be deserved.
His Honour loud he thought the time had arrived when
be ought not to continue the allowance further, if the
eredions objected. It was a monstrous thing that 'solicitors
gout.] comae here and bs obliged to go hack 12 years to
make out bills.
Mr. Lowrance said it was too much the practice with soli-
citors to delay this necessary operation. Since the but
meeting the bankrupts bad made out bills to the amount of
4,428/.
Mr. Airington, for Sir Charles Anshnut, objected to
another adjournment at the expellee of the estate, and to the
continuance of protection, The bankrupts had been made
bankrupt as rattle dealers; all thaw atLtirs had been settled.
But in their capacity es alVenryA, about 400,000/. had passed
through their hands annually, of which the only account WAS
to be found in their beaker's psis-book. Of this sum 80,0001.
was not recorded at all; and it was irupweible for an ee-
-1 eountant to render any account except by the exercise of his
ingenuity. Ile did not think this was a case in which the
I bankrupts could ever hope for a certificate; and there might
be an object in these ?coasted adjournment. other than the
benefit of the estate. He hoped that something would be
done to stimulate the bankrupts.
His Honour knew of no menu but withdrawing the pro-
tection. end the result would probably be to send the bank-
rupts to raison, when the estate would be wholly deprived of
their services. Did lilr. Lawrence think that they had been
really exerting themselves for the benefit of the estate P
Mr. Lawrence said It was extremely difficult to understand
bow the two bankrupts and three clerks could hays been so
long occupied is thlsednass. lied the books been properly
kept, it might bare bean done months ago ; but the bank-
rupts had conducted their bushier in a confused end un-
methodical manner. On the pert of the assignees, be thought
it would be the moat injudicious thing in the =rid to Leave
the brnkrupte without protection. liavisa ao cecasysties