The British Press; or, Morning Literary Advertiser.
London, England, 1824-06-21 00:00:00

EVERETT AND oTm:l9 2•. EIRE.

This was an action on a bond, in which the defendant had be-
come surety for 3lr. George lkwhon lainwaring, under the fol-
lowing circumstances:—
The plaintiff's. who formed the banking-house of Everett and
Co., were interested as shareholders in a Company called the
Stone Pipe Company, to which they were also Treasurers. To,
this Company they had made considerable advances, which then •
remained unliquidated to the amount of 16,0001. They then lent
their names to • Company intended to be formed for the pur-
pose of supplying London, Westminster, and their environs, with `
spring water, called the Rayswattr Spring-water Company, to
which they also became Treasurers. The number of shares in the
Spring. water, Company was 66 of 1001. each, most of which were
rammed by the plaintiffs, who subsequently sold them out to dd.-
; ferent indivividuals, and, among the rest, Mr. Alainwaring agreed
to become a purchaser of twenty-two shares ; to secure payment of
which the defendant became his surety. To the bond given for this
purpose, it was recited, that the instalments of each share-holder
were ••• to be paid up forthwith ;" and the present action was
brought for non-fulfilment of that stipulation. Both the Compa-
nies ultimately tailed ; but lung before that event wok place, the
plaintiff's (who had not then paid up more than 301. on each share
they held) prevailed on the Spring-water Company to purchase the
pipes of the Stone.pipe Company which they did to the amount of
;,00tH. By this purchase, the delat due from the titone.pipe Com-
pany to the plaintiffs was paid off as they received the purchase
money, and appropriated it in payment of the debts of the Stone.
pipe Company, so tar as it would answer that purpose. The Spring.
water Company, soon after this purchase, became very much em-
barrassed, and the plaintiffs then paid up the instalments on their
own shares by transferring the aunts in their books as Treasurers.
The Company was finally broken up by a distress for rent to the
amount of about 2001. being levied upon them. Mr. 3lainwaring
not having paid up his shares, and having quitted the country, the
plaintiffs came upon the defendant as his surety. The defend-
ant contended that these two Companies were mere speculations or
bubbles, and that the plaintiffs had not in reality paid up more
than 30/. upon each of their shuts, to which extent only he admit-
ted himself to be liable. The Jury, however, returned a verdict
fur the plaintiff, to the full amount claimed.
A rule having been obtained in the course of the preceding Term,
to set aside that verdict, it now came on for argument.
The Collar, without calling on the plaintiffs Counsel to chew
muse. were of opinion that the dere:Want was liable on his bond,
and that the transfor of money in the plaintiff's books was a
payment of their instalments so as to ustify them in calling or the
defendant.
Rule discharged.

TwYrizim v.S,TIALLCROTT.,

This was a motion to amend the declaration filed in this case,
which was an action on a warranty a a horse. The plaintiff
had stated the warranty to be for a horse " warranted sound," and
he now wiNhed to add another count on a warranty " for a good
draught horse."
The COURT granted a rule to phew canto on the terms of the
plaintiff's paying the costs, and permitting the defendant to plead
de aut•u.

DEATII sr ACCIDENT.—A carman, named Regan, was
killed on Tarsilay last, in the town of Skibbereeri, in consequence
of his tart, which' was 1.u1,11 with a piece of thuher. upsetting,
whereby all feel on the unfortunate owner ; the poor fellow was
taken up bruised in a shucling manuer.—Dublis Paper.