Northern Times.
Liverpool, Merseyside, England, 1859-12-13 00:00:00

DEqEMBER 13, 1859.

COUNTY COURT. YESTERDAY.
(Before W. A. HULTON, Esq., Judge.)
COMMITMENTS,—The following persons were ordered -
to be imprisoned for the terms stated, for not having
complied with previous orders of the court :—Richara
Butler, 48, Hook-street, Latimer-street, 14 days; Gee-
Robinson, 4, Canton-street, Everton, 10 days—warrant
to issue in three weeks ; Patrick Conley, 16, Ford-street,
10 days; Michael Sizes, 53, Thomas-street, 10 days;
Daniel Rielly, No. 1 court, Upper Milk-street, 10 days ;
and John Lawler, 8, Blenheim-street, Derby-road, 10
days.
A SHILLING LAW-6IITT.—John Tynan sued Jas. Parr
for five shillings, for polishing his brother-in-law's coffin.
When asked by the judge why he refused payment, the
defendant replied, " It is an overcharn.e."—His Honour
Of how lunch ? Defendant : Of a shilling.—Plaintiff
You made no demur when I told you what it would be,
and not till six months afterwards, when you offered me
four shillings.—His Honour : How long is this since ?
Plaintiff : Two years.—Defendant : It is not two years;
my brother-in-law died in May, 1858. He could have
had payment a dozen times; a few weeks after, I offered:
him four shillings. It is nothing at all but spite, and
it is an overcharge.—His Honour.: Have you any wit-
nesses ? Defendant : No, sir ; I thought it a frivolous
case and a vexatious case. I offered to pay him four
shillings many times, and on one occasion put the money
in his pocket.—Plaintiff : I had no right to take four
shillings for five shillings' worth. Defendant : It was
badly gene-; a pcnn'orth of bacon would have polished
the coffin better.—His Honour; having ascertained that
the amount charged was that usually arged to persons
in the trade, said that the lowest price seemed to have
been asked, and ordered a verdict to be entered for the
plaintiff.
SINGULAR CLAIM AGAINST AN ATTORNEY.

MINTON V. THOENLEY.—The plaintiff in this case
was Mr. Richard Rowland Minton, paint manufacturer,
Manehester-street, and the defendant, James Jonathan
Thornley, solicitor, Itmelagh-street. Mr: Deighton,
barrister, appeared for the defence. The action was
brought to recover the sum of £5, a debt due. from
C. A. Eyre, late a printer of this town, which was said
to have been guaranteed by. the following letter written
by the defendant to tbe.plamtiff
57, Ranelagh-street, Liverpool,
Sept. Bth, 1859.
Sir,—Mr. C. A. Eyre has placed all his accounts in
my hands for collection and payment. He was very
unfortunate in his speculations at the Gardens; and
having disposed of his business in Lord Nelson-street, I
shall be able to settle your, and all: other accounts
against him; on the sth October.—Yours obediently,

JAMES JONATHAN THOESLEY.
" Mr. R. R. Minton,
12, Manchester-street, Livegool."
Mr. Minton's cashkeeper, having produced the note,
said, in reply to Mr. Deighton, that he could not saY
that it was in the handwriting of the defendant. Se
did not know Mr. Thornley previous to the transaction,
but that it was in consequence of his having called at
the office that he sent that note.

Thomas Williams, book-keeper, in the 'employ of )fr. •
Minton, said he saw Mr. Thornley on the sth October,
and shewed him the note. The defendant said-he did
not think he had done wrong in sending He did not,
deny that he had sent it, and said that Mr. Eyre would
be coming down
_that afternoon—that there would be
plenty of money to pay everybody; that Mr. Minton's"
claim being £5, would be paid in full, and that if wit-
ness would call on the following Friday, the account
-would be settled. He also said that there was not the
least fear that the amount would be paid ; that Mr. Eyre,
was connected with highty respectable families, and that
a Mr. Greenhough had proffered to advance as much
money as was required. - Witness went again on 1' rids).
morning, and Mr. Thornley said he had seen nothing of
Mr. Eyre since.
Mr. Minton said the defendant came to him, told hit,"
he did not consider that he was responsible, and walked
away in a very insulting manner.
This being the case for the plaintiff,
Mr. Deighton contended that Mr. Thornley was onlY'
acting as solicitor for Mr. Eyre in winding up his affairsr.
and he submitted that it would be a vary serious thing
if writing.a letter like that amounted to a guarantee for
payment of the debts of persons whose business the).
were attendinc, to in their professional capacity. gr.;.
Eyre plaCed the accounts in his hands for collection avid
payment, but he could h ave countermanded that an thoritY:
saying he would collect the debts him Self; and he coale,,
hardly suppose that any gentleman who saw that
letter could suppose that a solicitor intended
to guarantee his client's debts. Payment was to
made out of the accounts to be collected, and he would
be able to show that Mr. Thornley had not been able to
collect sixpence. Mr. Minton called it a guarantee, I)3t
there was no consideration.

His Honour said it was not necessary that the color
&ration should appear on the face of it, and asked gr'
Minton if he intended to sue Mr. Eyre.
Mr. Minton replied that they intended to sue r'
Eyre, but did not do it in consequence of the represea'
n"
tation by Mr. Thornley that he would be sure to receilw
it.
Mr. Deighton submitted that the letter merely mew.
74
that he was willing to pay the plaintiff out of mall"
collected.
His Honour said it was another question whether the!
were to read the letter, as an undertaking by ljr.t
Thornley to satisfy this demand, or merely to mean tha
he hoped to have funds in hand to pay it. the
•
The defendant was here called and said that at -
time he wrote that letter, he was and had been actiage,
Mr. Eyre's solicitor for about six months, and had co
ducted upwards of seven actions for and against bila
the superior courts, as his attorney. On the Bth Sept
he had a conversation with Mr. Eyre and an appreatul'" `'of his, and was informed that he had disposed of Pita
business in Lord Nelson-street to Messrs. Hy-seato
Proctor, of Castle-street, for £4OO, that he was ab°T
tbe
take a public-house in Smithdown-lane for £250 ; thallet
had £6O good debts in his books ; that he owed altomet..o,
£l2O ; that he would put the debts, amounting t;,,1,9,
in his hands for collection, which he did, and thaiiba-
£4OO, payable by Messrs. Huson and Proctor, sliclii` the
paid into defendant's hands ; and that then a);/05 bf
creditors should be paid in full. Defendant's eler,,.,
his orders, wrote 'above thirty letters to Eyre's erecil'3l(
and it was after these letters were written, that hastiot
Mr. Minton's clerk. He told Mr. Williams thaloca
hairing the addresses of Eyre's debtors, he bad p.re
unable to see them, and that he had sent W
several times, but had seen unable to see him' et 10
also told him that he (the defendant) was a strand boa
town, and knew-nothing of Mr. EVre, but that if 110°136
ra EL
not the recommendation which he had of the 'lle
should have taken him for an infamous swindler• to
gave him the address of Mr. Eyre, and advised 11'
sueM him.
r. Williams—l never heard a word of that e°4l.
versation. t gr.
The defendant added that while he was abseil_ end
Eyre came to his office, took away all the accoallits;ort
said he would collect them himself, and he had otfea
received a shilling of the accounts. Mr. Erlaitit
him costs to the amount of £7O; had givea,,tdil b:
acceptance for £25, which he (defendant) I!`ieia
obliged to meet when due, and that before that t's.
was satisfied Mr. Eyre would be in foreign pared Oa
told the plaintiff also that he had been inform,
,opose
Eyre was going to America or Australia for the Fake 0
of defrauding his creditorS, and offered to 131
0,
affidavit to that effect, to promire Eyre's arrest.
A clerk of the defendant's had been called in
ration of the defendant's statements, and after '
AV.
able discussion,
whetber tber
His Honour said, the 'question was (re-
Thornley had made himself personally liable °r loco,
his letter merely amounted to his "wait a Inlttilssarlif
and Mr. Eyre will pay you." It was not eicc hole
Show the consideration; if he really had Taa`,:aco of l'et,
personally liable, the consequence was on the:
the f‘ilt
document. He confessed, no opinion upoto., bialselo
Generally speaking a solicitor did not in),i'',:tota3
liable by a letter like that, and the assumi
his favour. e
Mr. Deighton said, that if that docuinettbte'io vireo
him liable for this debt, the effect would .01 to
him liable for something like £5OO, as be u'e effect/
thirty-eight of those circulars, all to the sag
Eyre's creditors.
His Honour reserved judgment till Frill).*

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