The Sun.
London, England, 1839-02-07 00:00:00

LAW INTELLIGENCE.

COURT OF EXCHEQUER, F. 8.
RICHARDSON E. CLARIDGE, KNIGHT, AND OTHERS.
The plaintiff brought this action to recover the amount of a Bill
for work and labour done by him as a surveyor for Cundy's pr( posed
line of railway bAween London and Brighton, of which the defen-
dants were Directors. This was the second time the case came
before a Jury.
Mr. KELLY and Mr. Burr appeared for the plaintiff, and called
several witnesses, who proved that he was for several months engaged
in surveying the line, and much occupied in making the plans and
sections which had subsequently been used before the Committee of
the }rouse of Comaions, but that they failed in passing the Bill in the
Standing Orders Committee. The charges were proved to be fair
and reasonable. The plaintiff had been paid 751. upon account, and
brought his action fur the balance of 1311. 12s.
Mr. PLATT having addressed the Jury for the defendant, called
Mr. Charles:Pearson, who was the solicitor to the Company. He
said on the 17th of May, 1837, having then failed in passing their
Bill before the Standing Orders Committee in consequence of I
alleged errors in the plans and sections, he received orders from
the Directors to call the surveyors and engineers together. He did
so on that day, and told them the Directors did not wish that any-
thing more should be said respecting whose fault it was that they had
been unsuccessful ; that the funds were short, and they were obliged
to keep part for the purpose of opposing Rennie's line in the Hcuse
of Lords, and paying tradesmen's bills; the Directors were willing to
pay the whole at their proper disposal rateably amongst the engi-
neers and surveyors, provided they released personally, the Directors
and officers, and looked to the future funds of the Company for the
further payment of their bills. All the surveyors were present on
the occasion except Mr. Richardson; he came in very soon after,
and on being told of the agreement which had been entered into
with the other surveyors, he at once gladly agreed to it. The proper.
tion to be paid the plaintiff was 751., which he received on the 31st
of May, and for which he signed a receipt embodying these pro-
positions. ti
In his cross examination he said the Company had not afterwards
raised any money till just before the junction of the five lines, when
according to the Act for that purpose, they made a call of six pounds
a share. He (lid not believe that any of the other surveyors had
been paid. Jermyn, one of the surveyors, had recovered his money
by action, but he had never signed the agreement. He objected,
because he said tradesmen's bills were to be paid, and fifty pounds in
his account was for lithography.
This evidence was corroborated by that of the Secretary of the
Company, Mr. Barham, and Wm. Jerdan, Esq., of the Literary
Gazette, who had formed one of the Provisional Committee, but,
getting tired of the whole concern, he forfeited the whole of his
shares.
In reply to this case, the plaintiff called Mr. Maitland and Mr.
Davis, two of the other surveyors, who had entered into the same
agreement, and who had since then obtained a settlement of their
accounts by compromise ; but it turned out that it was 4fter the Jury
had found for the plaintiff in the former trial of this case. The
Learned Counsel having severally replied, and Iris Lordship having
summed up,
The Jury immediately found for the defendants.