The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-02 00:00:00

SPRING ASSIZES.

NISI PRIUS 00UitT.

PRPORE MR. JUSTICE CROMPTON.
IRVING v. THE SOUTH _EASTERN RAILWAY COMPANY,.7aie action, which was partially proceeded with on
Tuesday, the particulars of which have been given, was
t„eautued yesterday (Wednesday) morning. . heeler,
tthl, and Kaye, appeared for the plaintiff, M
andessrs Mr.W Wilde
and Mr. Manesty for the defendants. Mrs. Irving, of
Manchester' in 1853 became the holder of stock in this
af t his s
"'Pally. Some time afterrs. Irving became
Faulkn possessed
eta k, she was applied to by M.
David er,
ahf°lllerly a sharebroker of Manchester, to lend .him
shares (" 40 Doers" or contangos. Faulkner drew up
)
an agreement as to the terms on which the shares
Woreee to be lent. This agreement was signed by
ner, of Manchester, Coulsten, of Sheffield ; Ryley,
of Oldham
alsoby Mrs. Irving, the plaintiff. There was
al a blank transfer, signed by Mrs. Irving. As the l
~; the Shares would have been totally useless to Faulkneoan r
w' shout the transfer, the transfer was signed in blank to
b'`'e the necessity of expense for another stamp, should there
ye been any change in the names or amounts, but by
oing those places blank, the borrowing broker by such
keatia having opportunity of negotiating. a sale without
tneeding an additional stamp, as every transfer required a
amp, and the price of the one in question cost £4 Os 1.1,
'lr. David Faulkner was put into the witness box,
a,ro was for four hours subjected to a most
tLgid cross examination by Mr Rill. The plaintiff being
;atanxious to prove that the transfer said to have been exe-
ed by Mrs. Irving was not a bona
fide transaction, but a
that the
either by Faulkner or some other person, so
pt the plaintiff's claim was unimpaired by that alleged
Wddocument. Several documents were, by the plaintiff,
uced to show that the agreement and transfer in question
of Were both signed with the full knowledge and concurrence
firs Irving, and that she bad no claim on the company
?f or the sum sought to be recovered. Mr Bates, sharebroker,
London, corroborated the statement of Faulkner as
to the custom and necessity of there being a transfer
..e,xecuted in eafery case of shares being lent, and also as to
to
frequeni signing of blank transfers. Mr. Black,agent
to the Anchor Insurance Company, said he saw Mrs.
/Iv
e 10,g sign- the document, which was also signed by
ii,,c4blen, Faulkner, and Ryley. Mr. Phillips of Barnsley
~."Y Mr. Adam Dagdale, and said the transfers produced
‘,-Ire signed by Mr. Dugdale, who also lives near Barnsley.
I,he dividend warrant went to Mr. Dugdale, and Mr.
Ilillips discounted that warrant, and paid it away in the
'lrditiary course of business. Witness received the transfer
PrII Mr. Dugdale on the 3rd Nov., 1854, from the Liverpool
oker. Mrs, Irving, the plaintiff, stated that Faulkner
:"ad asked her about a month before the agreement was
reeuted, if she would lend him some shares to enable him
, get on the Stock Exchange, and, after the month had
ol,'4Psed, witness took the shares to Mr. Faulkner's office, on
ffie 27th of October, and signed the documents in Faulkner's
-u
e, in the presence of Mr. Black. N ver signed any
Per but the agreements, and the copy to be kept by Mr.
,14u1kner, witness holding the original. Did not read the
c:cameras before signing. When witness demanded the
„are; or required an addition to the agreement, Faulkner
-lented to the addition. When the dividend became due,
NYtrfitness called on Faulkner to know why the
Arrant,
warrant had not come to her. The
lierant) Faulkner said, would come to him.
ltaess wrote to the company about her not having the
dividendshares
warrant, and was informed in reply that her
Wlt/.Bres had been transferred, and that she had no stock.
tlfss again saw Faulkner, who told her that her shares
Iplere safe, but they were not in her name. Cross-examined
i Ir. Wilde : Could not say whether after the Bth of May,
, when she received the letter stating that she had no
4- °,°K. she was confined to the house for three months. Did
..,'.' ge to an attorney immediately, because Faulkner bad
;aid that he could make the shares all right, as they were
:Itbut
transferred. Faulkner never bought shares for witness,
had sold some West Riding shares for her. The
agreement handed to witness was signed by Coulson
sad
~, others, before she signed it. Did not
leld the agreements, nor did Faulkner read it to her. She
4 t it to Faulkner-, believing him to be an upright man.
h.° ether paper was handed to her. The traneer was
I,:e handed to the witness, who said that the signature
iS_ y very like 'her hand writing, but it was not hers.
Prakther witness' ss, were then examined, who spoke to
-ntlko ~
44.1 er no ring said that the shares were perfectly safe,
pe'still ir, Mrs. Irving's name. The Jury returned a
rgiet 6 r the defendant.