Northern Times.
Liverpool, Merseyside, England, 1857-11-02 00:00:00

CURIOUS CASE OF ALLEGED OVERCHARGE

BY A DENTIST.

It not unftequently happens that persons are proceed, d
against in the Manch, s er County Ceurr, by dentists, for
services rendered professionally, but when ladies aro the
defendants, they generally consent to pay the full amount of
the bill rather than ri-k any unpleasant personal questions
affecting their teeth. On Weclniaday, however, a case of this
kind nes de feuded. Mr. Colibett, barrister, appeared on behalf
of Mr. J. H. White, dentist, le,vet-street, who brought en
action to recover .£7 Si, the balance of an account of £27 ss,
from Mr. Jobe Whalley, Stretford-road, in that city, for work
dooe to the teeth of chludant's family. Mr. Cobbett said the
greater part of the work was stopping the teeth with gold cf
three girl;, the charge for each stopping being bal. a guinea.
The teeth of a few of defendant's friends had also been
extracted. He understood that. the defendant, who had paid
£2O since the proceeding% were taken, disputed the charge as
being excessive, but a witness would be called to show that it
was reasonable. Mr. Whit', the plaintiff, said the defendant's
family—not the defendant himself—hid been attended to by
him for their tee h. The account commenced ea the 21st of
January, 1856; and related to the teeth of three girls; from
twelve to sixteen year; of age, and for replacing artificial test's.
There were also three items for extrac.ions; the partiet belt g
friends brought to him by a member of the Gaily. About .
six months ago he culled upon the defen !ant will his hilt, who
objected. to the charges a% being excessive. The sum of £2O
had been paid since the proceeding% were commenced. Plaintiff
considered the charge reasonable, being half a guirea fur each
separate stopping. Cross-examined by Mr. Wh.aPev : Have
any of my daughters •artifitial tech ? No.
Defeedane: Then what is meant by the item 4‘ replacing
artificial teeth!? ' Plaintiff : That was for Miss Whalley, your
sister. Defetid:in : Can you say which of the three children
bad the most teeth stuffed? Plaintiff : No, I cannot recollect
that. D. fendant : I find yen have thatvd for stuffing forty.
eight teeth; or at least for forty-eight stuffing._ Now, your
honour, I resist this on •public grounds, and not for the sae

of a few iyunls ; I wish to have ev'd,Alce cf what has been
done, the amount charged is so serious. By Mr. Brandt., the
judge : Why !hit is six'een sopping,* of the teeth for each

girl ; it does se' m a deal. Plaintiff : Wren the account was
disputed, the defendant's sis'er came w;th the young ladies, and
I pointed out all the sto;:pings to her. Defendant': I hare had

an inspection made by a nnd'cal man, and be finds no snch
number ; I rhould ther.f re wish he ease to be ari.jaurned that
I may piodure his evirhnce. Mr. Cohbet-t M c!ient inrorms
me tFat the party refkrred to only saw into the mouth of one
of the piing and that the others are in 'Yorkshire.

The Judge: Well, you know, if there were fewer stuffings in
her teeth—sly five—then there would have to be all the more
in the others, if we are to make up forty eight. Defendant :
I don't object to the cha ge of half a guinea breach stuffing,
but I dispute the number of them. Mr. Jarues Lomas,
dentis', was then called, on behalf of the p!aintiff. He consi-
dered the charge perfectly reasonable. If tho teeth of one
member of a family decayed, it was very likely that those of
the other members would also. Some imes the same tooth
required to be cropped in severel places. Defendant : Do yon
know any °it] 13 pars of age who has had 16 teeth stuffed ?
Witness : I know one 20 years of age who has more than 20
fillings of the teeth. I !AVE) one too h in my own mouth in
which there ale seven fillings. The plaintiff, at the sngzestion
of his counsel, pioduced a book to show that he had made the
entries regularly at the time, and from which the account sent
in had been copied. If the defendant would produce his
daughters, he would rove that the number of stopping; charged
for was correct. The young ladies had told him that they
showed th.,ir teeth to their fa,her, and that he was very well
pleased will) what had been done. The defendant said it would
be a meat deal of trouble and expen,e to bring the girls from
school, and he would leave the matter in the hands of the
judge. His Honour said that the plaintiff's watements and
manner appeared to be s raightforward, and decided that the
defendant should pay .E 5 and cots.

THE CHARGE OF FORGERY AGAINST MR.
S. BRIGHT, OF HULL.

The investigation of one of the charges against this bankrupt
was resumed on Wedneulay, at the Police-court, Hull, before
lir. Travis, the mayor, and several other magistra es. A
crowded court testified to the intents' which the proceedings
created. The principal evidence adduced against the prisoner
was that rf his clerk, with reference to a bill marked in the
proceedings " A," and purporting to be endorsed by " Evan
Williams," who is -stated to be a fictitious person. The
evidence is as fellows :—Joseph Efartliff —I am a merchant's
clerk, living in Neville-wrvet. Entered the services of Taylor
and Briglit in MIL and continued in the service up to the
time of tire bank•uptcy In Seetembsr last. 'Mr. Taylor died
3n January, 1856. Al er the d ath of Mr. Taylor, the
prisoner continued the business under the old name. Iw s
there for some time as book-keeper, and aftereesdes
:woo. I nave seen in the habit of transacting
business en the prisoner's account, between him and liessrs.
Harrison, Worsen and Co. The ch,que marked " G'' was
in my handwriting previous to signature. The endorsements
at the back of the bill are also in my handwriting. Received
instructions from the prisoner to put th so names there. They
were sag :ed by prisoner under the name of Taylor and Bright ;
I am not certain whether the endorsements were signed or no
before the cheque was signed; whilst irr the employment of
prisoner I have had opportunities of knowing who were his
customers by having access to his books. The first seven
tames written on the back of the cheque were given, as well
as I can recoil 'ct, by E. Cox and Co , of Liverpool ; those
bills were remitted to him on account of the Hull Flax and
Cotton Mill Company ; the prisoner was chair man of that
comoany ; I don't know whether there is such a poison as Evan
Williams. or whether he was a customer of ours ; efter it was
endorsed, my impression is that I took it to the bank of Harrison
and Co., rtnd not getting bills I believe prisoner afterwards
took it to the hanker's. C n't say whether I left the cheque
at the b-rnk or net.. Next day I received from prisoner bills
in accordance with those endorsements. The bill marked "I"
is one of them, drawn in pursuance of OP claque. I know it
from my private mark behrg upon it-3225; that mans the
number in our private bill Look. I learn from my cash hock
that th- p ironer gave me that bill marked " A" on the lfish
of June last. When I entered a copy of the bi lin my cash
book I should return it to the prisoner. At that time I did
not observe whether or not ellts‘ bill in question was indorsed,
but I should say it was not. By referring to the cash book,
I find it wes sent to Overend and Gurney, of London, hilt
discounters, to whom I was in the habit of sendicg bills to be
discounted. The bi;ls sent for that purpose were generally
sent by prisener ; I have, in some few instances, sent them
Thyself; I cannot remember whether the bill endorsed
"John was an instance of this kind. I did not
sign that name on the back, nor do I know of anybody putting
it there ; the prisoner gave me as a teasou for bills being
drawn in this way, that, in conseqnsn-e of Harrison, Watson
and Co. being full of bills drawn on Pr co and Co , it had been
arranged that in future bill' were to be drawn in another name
instead of that of aylor and Brigh'. The amount of money
turned over in a year in banking transactions by Mr. 13,41i'
would exceed £300,000. In 1855, the money turned over
altogether would amount to- a m.llion and a quarter. His
customers were very numerous., Mr. Bright was chairman of
the Hull Flax and Cotton Mill Company, and I believe had
much to do with their financial arrangements. I have
-discounted bills to a 'large amount for that company, and
seven of those hills were for them. I cannot swear that the
'Evans Williem,'s transac ion was not for that company. Mr.
Eright had transactions with that company, of which I am
quite ignorant personally. Re,pec ing the bi:l sent to Overend.,
Gurney and Co., I don't know the nature cf the transaction,
hut I do know they discoun'es; heavi y threueh him wth the
Hull Fl or and Cotton Mill Company. I don't knew whether
he has discounted bills for that company through Harrison and
Watson's "bank on account of Taylor and Bright; Harrison
re-! Watson.', bank was one of the three through which the
iiMifiteetbgeasgh thiTsnlaf7niae idn A",.. did. 'eta
go
to the proceeds of the Hull Flax and Cotton Mill Company.
The hearing of the next ease was arlj earned to the following
morning, Mr. Travis intimating that the prisoner was commit-
ted for trial. An application for bail was refused.

BOYS' CLOTHING 1117 E WI CH GREAT TAT AT LEWIS sad

PANY'S, Ilanalagh itreet.

At Harwich the srp2orter: of Lord Palmerston's gnvern-
rnent are caLvdesinT on behalf of Mr. B njamm Green,
the well-known shipbuilee•; while what is termed the
independent ilaeral party are desi-ons of securing the
services of Mr. Horatio Love, the cl,airman of the Eastern
Counties Rsilway. The eonserv.itive party have ii
contemplation to invite Mr. H T. P insep, a director of
the East India Company, or Mr. G. M ,ntagu Warren
Peacock, barrister, who reptesented Muldm in the last
parliament, but who was detealed at the last geceral
election.

A TENDIM Iv PAYMENT.—A. tender in payment is rarely
made is a irg:l manner. Peopie commonly it with
some conditi n, which makes it no tender in law. One
man goes t another, and says, "1.1,re is your money . bat
I must have a receipt in full of all demands." A tender to
be good must ba an unconditional ono, c'ogged with no
stipulation wheever.—(Baron Kau'e ) No copper coin
can be tendered when the debt is such an amount that it
can be paid in silver or gold. No tender of silver coin
above forty shillins is legal, and Dank of Engl4nd notes
are a legal tender (56 Geo. 111., c. 68 3 and 4 Wm. IV.,
c. 98.) Still bank notes arc not virtually a legal tender,
being convertible on demand at the B ink into gold- at i s
mint price.

At LEWIS & OMPANY'S, Ranelagh-street,
BOYS are ctoraED irom the Ages of Six to Twenty Years.