The Northern Daily Times.
Liverpool, Merseyside, England, 1857-03-28 00:00:00

CAUSE-LIST

FIRST LIST.—SALFORD 1113,:NDRED.
Plaintiffs Attorneys. Plaintiffs. Defendants. Defendants'Attorneys.
3 CP...Bawe. Bellhouse and ano
(sJ) v The Mayor &c of M'ehester Austin
4 ,
4 Ex ..Stead Cazenoveand ano assees (sa) v Finnesey
6 QB—Atkinson and Co Pott and ors assees (s.s) v Lawe
9 Q13...F Andrew Irving s) v South Eastern Railway Co ,T.
10 Ex ...Sale and Co Bockharn (si) v Audio), Assurance Co J Hall " ,
11 Ex ...Same Blane es) v The Lanc & York Rail Co Lewis, D and Co * '
13 Q8...J H Dearden Charles (ss) V National Guar Ags Society Sale and Co
14 QB—Worthington & E Duncan v Harding and ano -, North
16 CP...W K Taylor Lawton (eJ) v:Whitaker . H Forshaw
17 Ex ...Sale and Co Fanshaw (ss) v Peet P 0 . ;:-T.l Nilne and Son
SECOND LIST.—WEST DERBY HUNDRED,
1 QB...l3ennett and S Wilkinson (es) v Teall
2 Ex .:.Rowe Waring Junr v Everth
3 Ex Lewis and Co Smith (sJ) v Long
4 Ex ~,game Price i(s.o) v Dillon and ors
5Ex ...Avison and It Martin (Ej) v Frangopulo and ano
6Ex ...Hodgson Allen v Gibson 3 .
7 CP...Barnett and M Stubbs (ii) v Baker .
11 CP...Yates Jun French end ors : ' v McHenry
14 CP...Bolton Baker - O,T) v Stubbs ,
15 QB...Lowndes and to Mavrogordato ~, (J) v Hindson Stone
16 Ex ...J and Co Burgoyne v Jackson . , ~...
„..,, - "7:11- cc! Is
18 Ex ...J and H Gregory Stewart (cj) v Wright and ano Atkinsons and t,o "',li`f- '`,
lEx ...Same Same • (s 1 v Smith and ano Same
2
23 CP...Yates Jun Jones admor &c (G)al v Provincial Insurance Co Edgworth and P i
24 QB...Lowndes and Co Ely (•G e) v Bell Harvey and Co
25 CP...Dodge Harrison and anr (FJ) v Lee Yates Jun
26 QB...Kirkbank Shillinat'ord (,J) v Chester & Holyhead R. Co Swift 'and Co
27 CPL Johnson Hignett - v Blundell H Forshaw
28 QB...Lowndes and Co Brennand (") v Ker and ors J 0 Watson' '
30 Ex ...Vletcher and H Grainger and ors :(sj) v Kirkpatrick ' Lowndes and Co
:1 CP...Grimmer Swinnerton (si) v Lon & Nor Western R. Co Swift and Co
32 CP...Roscoe Allan (ea) v Walters Mewburn and Co
35 Ex ...II Forshaw :11 '-• Baines '',il' 1 r (ss-) v Royal Ex Assurance Co Freshfield
36 QB...Shattock Leather ' -- , v Busby and ano _ Ilinde
37 Ex ...Williams Gurney and Ux . V Lloyd -, - Ritson
18 dfrey "r'• Jones g: • "
' v Hughes Campbell
Ex ...Go
:39 Ex ...Neal and M- - Ford and anry -i :g - v Hannay :., ~- - -.7 Al a • •••
7 . --?s,'"' v Anderson 7'" ' J and W Clara 's : ' V
40 Ex •..Lace and Co Neilson --1 fec
2
41 Es ..:Duncan and Co Miller and amg !(,s,i) v Fletcher and am
CPL.Roby , ; - Houghton and ux admix &c v Hignett and am ,
43 CPL.Teebay • Gill -.: 211:1 i 1 v Sparks and ano —• 5:
44 Ex ..,Conway 'l 1 McKnight , v Duckworth and ano 11,4::
45 Ex ...Same - Jones i ! - - - v Same
46 CP...Rawson and Co I3ottomley 17. (5.7) v Nuttall 2.,
47 Ex ~.H Forshaw Cotesworth and ors (Fa) v Wood and ors
48 CPL.Johnson 3 Parkinson v Jackson
4, oß...Fenton and Co ; Radcliffe, Baronet'i 1 v Whit Worth and ano
50 Et ...Darlington .7, Harrison ~ v Worthington ,
52 CP ...Johnson Hodgson .41 v Hodgman
v Pollard and ors •;= ,
53 QB...Hassal Penny and ano exors 'l2
54 QB...Wills and S ;, ' Fraser i v Jordan
55 QB...Shattock ', •1,, Deane il ''....Q 3- v Littledale and ors
i ~. 3: v Wade
5G CPL.Backhotise ' Edmondson
58 CPL.Deane • Preston and ors -' - ,t 4 v Tamplin and ano
60 Q8...S wan Warden ' 2 I - - v Stone
61 QB—Swift &Co The March. of 'Londonderry r.(s.l) v The Sunderland Dock Co
62 CPL.Backhouse Dean 0 v Wright -
63 CPL Same i Dean and ors v Wright .
64 Ex ...Haigh and T Breclin ~ '' (s.J) v Eatough Turner andiSon
...
65 Ex ...R Birchall Wright , • ' • v Banker T Taylor ~,,., 4 ,
, .
66 CPL T and R Radcliffe Acpden • . v Fielding and ano Pickep r, ~ , ~:.
.‘
67 Ex ..North and Co Whitley and ano ; (s.o) v Parr and ano , I
68 QH ..LoWndes and Co Johnson and ano (s,r) v Croft Russell '''',,! 5 '
69 QB...Shattock , , Tapson ~, ~., -• v Swift 131ackhurst
70 Ex ...Pemberton Blundell I FA v Gossage J Ansdell . ._ .
71 CPL. Backhouse • Hall and Co - • 3
T Hartley - v Greenwood ,^iy.,4 .
72 CPL.Same W Hartley ':" v Same _ Same '4' 1...5. • -
73 Ex ...Kaye ' "'" Goddefroy and ors (ss) v Hogan J B Lloyd 1 - ''
' : i,: :
16 CP -.11 Forshaw Whitaker i .
.
. . v Lawton - ' W K Taylor-'49. : 'kii 31
77 QB—Lowndes and Co Parry and ano - ”.1 v Trustees Birkenhead Dock Bircham and:Co
78 QB—Same V. Crosby and ors 'i I "(es) v Wilcox and ano H Forshaw;, _r 0
79 QB...Shattoek Blanc and ux - g v Willoughby and anr ig I
_

Mordaunt
Walker and II"'
7,,
Thornley and .1 L

Holden and S:)n

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Shat tock

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Roman
awl H Gregory a z,

Same

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Lowndes and Co -- •
Forshaw
Radcliffe and 111 ..4.3
Swan z. .
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'l'4l; 61
n • Lid ,-;17
Littledale and B I*. ,37,1
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Littledale and B;
J B Wathen ;
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SPRING ASSIZES.

~~

CROWN COURT.
BEtOP.E BARON MARTIN.
Yesterday his lordship took his snt on the bench, at
nine o'clock, when he proceeded with the trial of prisoners,
In the course of the day several cases were disposed of, but
the pressure upon our space ccrnpels us to postpone their
insertion in this day's publication.

his opinion that a verdict had better be taken for the
plaintiff for the amount claimed, subject to a special case
to be prepared for argument before the court above.
MEEK V. FOYN.—This \via an action to recover from
the defendant the sum of £22 15s sd, being one half of
the commission on the chartering of a shirr, called the
Esk, sailing from this port to the Brazils. Mr. Millward
appeared for the plaintiff, and Mr. Jones for the defence.
The litigators were boilt Ship Brokers. and it appeared that
the defendant called upon the plaintiff, and entered into a
charter part, y for the vessel in question to go to the Brazils,
the usual undastarding between Ship Brokers being, that
'ii commission which amounted to £52 13s. 5d., should
be divided. This agreement was subjected to a deduction
of £lO, to he paid ti, the Captain as a gratuity, provided
the defendant was satisf.d with the Captains conduct,
After the chartering of the v-,7.4.5e1, the defendant called
upon the plaintiff to say that as he Lad so much trouble in
the matter, he hoped the plaintiff woult; forego his portion
of the commission, which he agreed to do. subsequently
however, the plaintiff was dissatisfied with the cO"duct of
the captain, and he sent him a note to say that as he 7"
so, the defendant must withhold the gratuity, and uncle:
the circumstances he claimed the one half of the com-
mission, which the defendant had not paid. The defence
was, that the plaintiff was not entitled to anything,
taking into consideration the amount received for freight,
and that under any circumstances the whole amount due
to the plaintiff was £l7 13s sd, being half the commission
upon the amount actually received by the plaintiff, with-
out the deduction of the £lO due to the captain. Foyn,
the defendant, was called to prove the above facts in
reply to the plaintiff's case. Ultithately, the jury returned'
a verdict for the defendant.

NISI FRITTS COURT.
BEFORE Hit. JUSTICE CROMPTOV.
His Lordship took his seat upon the bench at nine
o'clock.
ItewNsteer v. M AWDSLEY.—This was an action for goods
which were delivered. The plaintiff is a brushmaker at
Halifax, and the defendant an extensive linen draper at
Southport. The plaintiff sought to recover the sum of £3B
18s for the sale of brushes to the defendant. Mr. Hill,
Q C., and Mr. Blair were for the plaintiff; and Mr. Brett
tot the defence. From the evidence of the plaintiff, it
appeared at the beginning of the month of May, 1856, that
being in Southport for the benefit of his health, he obtained
an order from the defendant for art assortment of hair
brushes suitable for a watering place. The order was
executed to the above amount, but in a few days he
received a letter from the defendant, saying the supply
was in excess of the order, and that he would only keep
£5 worth. Mawdesley, the defendant, was call3d, who
said that he merely met the plaintiff in the Scarisbrick
Arms, at Southport, who pressed liltn for an order for
brushes, but the defendant told him it was not in his
way of business to deal with them, but on being further
pressed, defendant said he might send £4 or £5 worth
as a sample, and if they said, a further order might
follow. This was the whole of the transaction. The
defendant desired his foreman to write to the
plaintiff, to say that if he could but select the
£5 worth he ordered, he Ohould send the goods back,
as they were more than he ordered. Defendant believed
that the bushes sent could last Southport for five years.
The goods were sent back. The plaintiff had sent a bill of
exchange for acceptance fer the £3B 12s, wnich was returned
to hie). Mr Conder, an auctioneer, at Southport, was pre-
sent at the conversation about the brushes, and heard the
plaintiff say to the defendant that he had been looking
for him for three days, and said if he not give him
an order, he should charge him with his expenses for
stopping. (A laugh.) Heard the defendant give the
order for £5, and no more. Mr. Hill, for the plaintiff,
endeavoured to show that the defendant was in the habit
of frequenting public houses, and getting a drop too much
occasionally, and might have given the order when under
that influence. He produced the plaintiff's order book,
where the entry was for £3B 12s. Verdict for the defen-
dant.
BELLHOUSE V. THE CORPORATION OP MANCHESTER..--
This case in which Sir Fitzroy K sly is specially engaged
for the defendants, has been appointed to be tried on
Monday week, April the 6th. Special jury.
BAINES V. THE ROYAL EXCHANGE ASSURANCE COM-
PANY.—An appointment for Saturday, the 4th of April,
has been made for the trial of this special jury case.
HOLME AND ANOTHER v. BUCRLEY.—This was an action
of ejectment, on a lease of three years, from a house and
land, situate at West Derby, belonging to one Margaret
Gore, deceased, and which terminated on the 1 4th of
January last. Mr Blair appeared for the plaintiffs, and the
defendant appeared to advocate his own cause. On his Lord-
ship inspecting a will and some other deeds connected with
the case, in which several gem errors occurred in the
copying, Mr Blair wished kis Lordship to adjourn the
hearing until Monday next, in order to produce the will,
which was acceded to. The defendant then said that if he
eould have a few minutes conversation with Mr
Blair, he thought that they could come to a
mutual understanding, without troubling the court further.
His Lordship thought that this was the best course to pursue,
and Mr Blair and the defendant ultimately retired together.
A consultation between the parties having taken plane
without any amicable result, his lordship postponed the
hearing of the case until Friday next, to give the plaintiffs
an opportunity of producing a correct copy of the will, and
at Vie same time stating that it was scandalous neglect
upon the part of the attorneys for not having produced
correct copies in the first instance.
Oitetenen v. TURNER AND 0 I MFRS.—This case, by
consent, was referred to arbitration. The particulars of
the case did not transpire.
HOLDNERNESS AND ANOTHER, r. W. BOHTLINGK.—This
was an action commenced for the recovery of £5,364 5s 2d, in
the mortgage of a vessel. Mr. Blaelcburne appeared for the
plaintiff, and Mr Quaine for the defendant. Mr Blackburne
stated that this was a case, which involved purely matters of
law, which would have to be carried to a higher court. It was
neceskary, however, to bring the matter before the jury, as
pact and parcel of the machinery of the court; but the question
would be for his lordship to deal with. It appeared that an
assignment had been made by the defendant to the plaintiff,
who was not aware that the party also assigned, had a partner
residing abroad. Several deeds and an assignment was produced,
together with a deed of release, signed by the defendant's credi-
tors. The signatures could notbe attached, in consequence of
the parties residing abroad, but the question of the mortgage
was gone into, and several witnesses examined, but the
details were void of public interest. A further question
was whether the mortgagees, under a fiat in bankruptcy.
could prove under the joint estate as well as the separate
estate of a bankrupt; and in the same way, under an
assignment, when the business was carried on under a deed
of inspection, as the defendant's estate bad been since the
month of March last, the mortgagees, in this instance,
sought to prove for the £5,344 56 2d, under the joint estate.
The defendant, to whom this advance was male, in order to
purchase a ship called the Chaser, sailing from this
port, was in partnership with his brother in law, Blessig,
who resides at St. Petersburgh. After the advance of the
£6364 .5s 2d,the defendant in this causegot into difficulties,
and resorted to the Bankruptcy Court, but subsequently the
estate was carried on under inspection. A lengthened
legal argument took place between the counsel, which his
lordship said be confessed that in many points he did not
understand, they being so confused, and expressed

Admiral the Hon. Sir Richard Saunders Dundas. K.C.B
who commanded the fleet in the last Baltic Campaign, has
been appointed a Lord of the Admiralty in succession to
Admiral Richards, now a Commissioner of Greenwich
Hospital. Admiral Dundas will take rank at the Board
after Admiral Berkeley and before Admiral Eden.
AN ANNIVERSARY.--TERRIBLE IF Tnue.—On the 24th
of March, three hundred years ago, Archbishop Cranmer
was burned alive for professing the principles of the Refor-
mation ; and on the 24th of March, this year, the Judicial
Committee of the Privy Council delivered a judgement,
the logical consequences of which is, that the Protes-
tant martyr was very justly put to this horrible death.—
Advertiser.
Miss Nightingale, accompanied by Sir John Liddell,
paid a visit on Wednesday to the hospitals at Chatham.
She w attended through the Military Hospital by
Deputy Inspector General J. R. Taylor, C. 8., and Dr.
Tyce ; and through the Naval Hospital by Deputy Inspector
General Dr. Drummond. The visit lasted several hours,
and Miss Nightingale expressed much gratification with
the various arrangements.
With reference to the account of the London and Eastern
Bank meeting, we (Times) are requested to state that the
Oriental Bank Corporation hold no bills or obligations of
the London and Eastern Company, but are influenced to
interfere in the matter with the hope of saving the unfor-
tunate shareholders (some of whom are shareholders and
constituents of the corporation) from the disastrous
consequences of the litigation which would be likely to arise
from a judicial winding-up of the affairs of the London and.
I Eastern Bank.

A letter from St. Petersburg, in the Constitutionnel,
says : " The passage of the Neva, on the ice, is forbidden
to carriages, in consequence of a troiska having disappeared
under the ice between Petersburg and Peterhoff. The
thaw bad set in with considerable intensity, and the streets
of the capital were full of rapid streams, impassable for
foot passengers. Two days ago Count de Morny, whilst
indulging in a ride down a mentagne russe, sustained a fall
which resulted iu some contusions which have forced the
count to remain at home."
REWARDS OF GALLANT CONDUCT.—On Thursday, at
the general meeting of the:members'of Lloyd's, the follow-
ing votes were unanimously carried :—the sum of x 25 to
Donald Thompson and four men, composing a boat's crew,
for their praiseworthy and gallant conduct in saving, at
the imminent risk of their own lives, two survivors of the
crew of the Ahti, wrecked near Dunnet Head, in the
month of September last. The sum of £lO in aid of the
subscription on behalf of the widows and orphans of the
crew of the lugger Victory, of Margate, who were drowned
by the capsizing of their boat off Kingegate on the sth of
last January, and the sum of £O5 to the Shipwrecked
Fishermen and Mariners' Royal Benevolent Society in
aid
of the funds for general pu-rposes.
Borax, SOCIETY or Mnsicta.Ns.—The 119th anniver-
sary of this highly weful charity took place at the Free-
masons' Hall, on Thursday, when about 130 members,
subscribers, and visitors sat down to an excellent dinner.
The president of the day was Lord Ward, and next to
him sat Lord S •Itoun, one of the most staunch supporters
of the society and of music generally. The list of sub-
scriptions was communicated by Mr. T. B. Hall, and at
the head of these figured the names of Lord Ward and
the Messrs. Broad wood—the wealthy aristocrat, and the
enterprising manufacturers—for £5O each. Thera was
a capital selection of glees, part songs, madrigals, vocal
duets, and solos, contributed by a number of well known
vocalists.
THE Loss OF THE STEAMER QUEEN.—An inquiry bas
just been concluded at the Local Marine Board into
several charges of neg'ect ereferred against
.Captain
Micklereid, late master of the Queen steamer, which was
wrecked on the coast of Portugal in January last. The
board found the following report : " That it is the
opinion of the board—the wind and weather during the
night the ship was wrecked being taken into considera-
tion that Captain David Micklereid was guilty of gross
misconduct and highly blameable in shaping a course
which would carry him so near the land. The hoard
th.nk there has been great neglect on the part of the
adjustment of the compasses, as it appears that the ship
had not been swung for three Seams previously, and then
at Hul', and that there was no standard compass on
board. Under all the circumstances the board recom-
mend that Captain Micklereid's certificate be suspended
for three months." The Board of Trade have since
conformed to the board's recommendation.