The Sun.
London, England, 1852-04-30 00:00:00

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, April2g.
ittings at Nisi Prius in London, before Mr. Justice
ERLE and a Common Jury.)

LLOYD v. OLIVES,-A NEW FORM FORA SILL OF EX-

CHANGE.

This was an action upon a document described in tho
declaration as s bill of exchange, but which was in these
terrav:—

" London, Jaly 17, 1851.—Two months after date I
promise to pay to F. R. Lloyd or order 991. 15s. for
value received."
The document was then directed to " Edward Oliver
Birmingham," and was accepted by him, "payable at
Spooner, Attwood, and Co.'s Bank, London.'
Mr. PETERSDORFF, on the part of the defendant, ob-
jected that, as this document was in the form of a pro-
missory note, but was accepted as a bill of exchange, it
required a stamp in each of those characters, whereas it
only bore one stamp.
Mr. Justice ERLE said no instrument required a stamp
until it was legally issued. The document in question
was given to the plaintiff in its present form, and there-
fore the bill stamp upon it was sufficient.
The acceptance in question was given on account of a
previous bill and interest, and this first bill the defendant
bad acknowledged in writing that he was liable to pay.
This, it was submitted, was evidence against him upon
the " account stated."

- - His LoupsulP said it was very desirable that instru-
ments should, if possible, be held to be such as the
makers intended the parties taking them should under-
stand them to be. He should, therefore, hold this. do-
cument to be a bill of exchange; but he was of opinion
that there was no evidence upon the account stated.
The jury found for the plaintiff on the first count for
the amount of the bill and interest.

SHERIFFS' COURT, April 29.
(Before Mr. WM• BURcHELL.)
ARCHER V. DIXON.
The plaintiff in this action is Mr. Archer, the well-
known steeplechase-rider, and the defendant formerly
kept the done Repository in Barbican. The action
was brought to recover the sum of 51. for work and la-
bour done.
The defendant pleaded payment.
Mr. R. B. WARDELL, plaintiff's attorney, stated the
case. It appeared that at the Hampton Steeplechase
(Selling Stakes), in 1851, the plaintiff was engaged to
ride the horse Recruit, belonging to defendant, and the
latter agreed to pay plaintiff 51. He (Mr. Wardell) be-
lieved that the defence would be, that the money had
been paid to some third party, a person named Reuben
Reed, but the plaintiff would be called to prove that if
the money had been paid at all, it was without his
authority.

Plaintiff was called, and proved that he rode the horse
in question and won the race. He maw defendant after
the race, and he said• that he had to wait to receive the
stakes, and would see that Reed should pay hint the
next day. _ _ _

In cross-examination by Mr. CHARNOCE, plaintiff said
he was not aware that deiendant intended to ride his own
horse, but was not present at the time. Reed applied to
witness to ride halt :an hour before the starting. Reed
appeared to be acting for defendant. Defendant is the
son of Dixon, of the Repository. Dixon may have ridden
steeplechases. Reed is now dead.
Mr. John Clarke, licensed victualler, Three Com-
passes, Pimilec, was present at the race. Saw Recruit,
and directly after the race defendant offered to run
it against witness's horse Rainsburgh for 100 guineas if
witness would allow a stone. In the course of
conversation defendant said he was much pleased with
Archer's riding aad winning th 3 race, and then said he
would send the money to witness's house by Reed the
next day. Witness was at home all the next day, and
did not reeeive any money. Shortly afterwards he ap-
plied to defendant on behalf of Archer, and defendant
said he had given seed 51. to pay end he would see him,
and it he had net paid the money it should bo sent.
Reed soon after died at defendant's house. Plaintiff
had ridden for witness.
John Fleming, groom, formerly servant to defendant,
understood lilecruit belonged to him.
Mr. CHARNOCK submitted that there was no case to
prove thet the horse belonged to the defendant.
The UNDER-SHERIFF said that if the caee rested
on the plaintiff's evidence, which had been given in a
very straightforward manner, he did not think there was
enough.
Fleming was resalled, and said that he entered the
horse for defendant in the name of Routh, in which all
defendant's horses ran. He then urged that defe.ndant
intended to ride, and in his absence Reed was to do so,
but the latter was afraid to go the pace, and it was he
who engaged plaintiff, and that defendant could not be
liable even if he had made a promise, as no verbal under-
taking to pay the debt of another was good, and the pro-
mise was void under the statute of limitations. _ _

William Mills, a groom, was called to prove that he
took defendant's coat, &e., bat he (defendant) did no.t
arrive till after the race. Reed ought to have ridden
the horse. Defendant is at present in Berlin. Reed
went and received the stakes. Witness has heard de-
fendant complath that he had not received any of it.
Cross-examined—lt was defendant's horse.

The UNDER-SHERIFF said the only question was,
whether defendant engaged the plaintiff.
Mr. WARDELL, in reply, urged that Reed was acting
as agent tor defendant.
The UNDER-SHERIFF left it to the jury to say whe-
ther they could infer that there had been any privity
botween defendant and Reed, so that the latter was
the agent of defendant to contract with another person
to ride.

The jury, after a short consultation, gave a verdict for
the plaintiff.

ELECTION INTELLIGENCE.
TOTNES.
(mom A CORRESPONDENT.)
Mr. Mills, the Liberal candidate, arrived here on Tues-
day, having previously issued an address to the electors,
in which he states that having been invited by a deputa-
tion of Liberal electorslo become a candidate for their
suffrages at the ensuing election, he has great pleasure
in accepting the invitation. Mr. Mills is, and has been
for a considerable number of years, an ardent Free-
trader, and will not, therefore, under any pretence what-
ever, vote for any measure of a retrograde character,
and has no confidence in the present Government. He
would gladly support way well-ooneidered measure for
a!solishing the anomalies in our representative system,
for diminishing bribery and coercion, and for extending
the franchise; coneiderieg that no danger can arise to
cur Constitution by admitting to the,entoyment of poli-
tical rights an additional number of his fellow-country-
men. He is opposed.to every religious endowment de-
frayed from the taxes of the people, and considers the
principal objects of legislation should be to render taxa-
time as little burtheusome as possible to all ranks of
society ;to develops the national resources, and to do
Justice to all.
public meeting of the electors was held last evening
(Tuesday), at the Guildhall, to hear Mr. Mills ex-
explain his political principles. Charles Webber,
Es
ee (1' (one of the borough magiatrates), was unit-
mend
Sou.Y voted to the enuir. and briefly introduced
theca
electors in cßndidat© to the meeting, who addressed they
the au
electors
frank and honest speech, principally on
applauded, 114 tree trade. His sentiments were much
See therebread,this great principle of cheap or dear
this locality, the is nom little difference of opinion in
would be the most likely question being as to what party
policy in an honest to carry out the free trade
to weather he would er* In answer-to an elector, as
he would
de-
clared that It would
haeaPport the ballot, Mr. Mills de-
had some doubts in his mind on
, nevertheless, if
thc.
majority of his supporterso,nze, requested by a
in favour of that measure,
sea would alto give his
support to a fair measure
of Parliamentary reform,
Mr. S. HONUAX proposed, and Mr. Ferris and Mr.
S. Cumming rose together• to seeend a resolution de-
claring the opinion of the. meeting to be
the principles advocated by Mr,mans, in favour of
and e
ensuing elec-
.
support of the Liberal party to aim at til pledging the
ma t
a, Mr. Fereis spoke at considerable ength in favour
of the principles of free trade, which as
con-
sistently advocated for id,..niumber of years, and n.
upon all those of his fell: 'w-townsmen who valued
o the .called
cheap loaf, and wishLti to see the poor:-
happy, to support a true Free-try.der, and not:slifaed
m ad
one,n
who bad often shifted his prince; lea on this subject. Th
motion was carried ele.aost unanimoasly, and with great
acclamation, by one of tne most crowded
meetings held
in Totnes since the ,passing of the Be-orm
Mr. MOFFATT (M:P., for Dartmouth) also addressed
the meeting in favour of Mr. Mills, and congratulated
the Liberals of Totnes on the unanimity which ap_
peered to prevail, and heartily hoped (as ho believed
would be the case) that two Literal Free-traders would at
length be returned to Parliament, and that Totnes may
no longer send one Member to vote black and the other
white on all viial questions affecting the prosperity of
the country.
Mr. Mills has commenced a general canvass of the
electors, and has already received numerous pronaiies of
support.
Mr. Baldwin, the present Conservative Member, has
also issued an address, declaring himself in favour of the
general policy of Lord Derby's Administration, but
wil
oppose oily re-imposition of a duty on foreign corn (else
his chance would have been t emote indeed, in fact
im-
possible, for these are scarcely any persons bold enough
here to declare themselves any longer Protectionists).
Mr. Baldwin will probably secure the votes of many of
the Free-trade Conservatives who would otherwise have
voted against him. So much for the sliding scale of
politics adopted by the Government candidates.
A severe struggle is expected.