The Sun.
London, England, 1849-12-24 00:00:00

-14
--A

QUEEN'S BENCH.--)THIS DAY.)
(Sittings at Guildhall, before Mr. Justice DILE and
a Special Jury)
ALLEN V. DREW.
This was an action to recover compensation in
dam ages from the defendant, for the injury
which the plaintiff had sustained in consequence
of having been given into custody at the instance of
the defendant. The plaintiff is a manufacturing
chemist at Bow, and the defendant is a member of
the firm of Drew,, Hayward, and Co., wholesale
druggists, in Bush lane. The parties had had
transactions together for some 'ears to the amount of
4001: or 500/. a year. The business transactions
generally took place between their wareheusemen.
On the 6th of September the plaintiff received an
intimation from Bristol that a cask of tartaric acid
would shortly be reqUired. The plaintiff and his
foreman communicated upon., the matter with the
foreman of the defendant, a man named Ferrers.
He was eked by the foreman of the defendant where
he could get what he wanted. He replied that he could
no: tell- him where he could get it, but that he would
order a cask for him if he thought proper. Shortly
after the cask was ordered, and 60s. 'was paid for it
by the plaintiff, through the lands of the foreman of
the defendants, Ferrers. The plaintiff sett the cask
to Bristol., In the succeeding March the
firm of which the defendant is a member
fou'id that their foreman had- been robbing them.
They ascertained that the cask in question, instead of
coming from the manufacturers, had come out of their
own warehouse, and that the foreman had appropriated
the money to his own use • believing that the plaintiff
knew that Ferrers had stolen the cask, and that he had
feloniously received, he was given into custody, and
taken before the Lord dayor at the Mansion-house.
He was remanded, but was admitted to bail. In a
week or ten days he was brought up again, and dis-
charged. For the plaintiff,it was shown that he was
taken ill shortly after, which was attributed to the
charge made again it him. Ferrers was charged with the
offence at the old Bailey, and convicted, but in con-
sequence of having given evidence against the
plaintiff, only received a nominal punishment.
Sir Frederick Thesiger was for the plaintiff, and
the Attorney-General for the defendant.
The defence set up and relied upon by the Atior-
ney-General: %as ; that there w..s a reasonable
ground of suspicion against the plaintiff, and that the
defendants were perfectly justified in acting upon it.
The jury, after a hurt consultation, found a ver-
dict for tae plaintiff— Damages, 1001.

}.LEADING, GUILDFORD, AND
REIGATE RAILWAY.—( rms DAY.)
-An extraordinary -general meeting of the pro-
prietors of.; this railway -v. as held this day, for the
purpose of authorising the areetors to raise addi-
tional funds, eith, rby bond or mor4 aie. Mr. Alder-
man Saloiro is, chairman of the board of directors, in
the chair.
The advertisement convening the meeting having
be n read, a report was submitted to the shareholders,
wh ch stated that the capital authorised to be raised by
the company was 800,0001., disided into 40,000 shares
cf 201 each, with pow r to borrow a furth r sum of
266,6661. By an agreement with the South. Eastern
Company the sum of 600,0001., or 151. per share, had
been raised in the shape of calls, upon which that
company guaranteed interest at the rate of 5 pi r
cent., while 50,000/. had been raised on debenture, the
`.ll`.erest on which the South-Eastern Company also
I aid. The proprietors were aware, no doubt, that
in reference to the extension of the line from Gres-
ham to Dorking, the hands or the directors had been
tied no .1w tt:E; existence' of the Direct Ports
mouth Company, but as that company was about
to be dissolved, this company would shortly be in a
position to complete VIA portion of the line. An
attempt had been made by the Direct Portsmouth
C.Ympany, in conjunction with the London, Brighton,
and South Coast Company, to make a line from
Epsom to Leatherhead, which would have been highly
prejudicial to this undertaking; and it was, there-
fore, a source of gratification to the board that
one of the Direct Portsmouth shareholders had
called in the aid of • the Court of Chancery, and
defeated it. The debentures were at present
limited to 50 0001., and it Was now proposed
to issue 150,0001. more. The report concluded by
stating that the direct() a had deemed it expedient to
employ Messrs. Quilter and Cu., the public account-
ants, to audit the accounts from the commencement of
the undertaking.
The CHAIRMAN stated that the additional funds
were required to enable the directors to comply with
the request of the South-B-s ern Company to give
them some further station room for the purpose of
carry in on their goods traffic, and developing the
general traffic of the districts which this line accom-
modsea I. lie, th re oe; begged have to move that
the directors be authorised to raise a further sum not
exceeding 150,000/., in addition to the sum of
50,0001., at such :a' e of interest if they might thinkfit.
•Mr. JOHNSON asked if it would not be better to
call upon the sharehol lers to pay up the remaining
Si. per share, rather than by going. into the money
market for the 1,- • 000/.
The CHAIRMAN did not know whether the lion.
Proprietor speke the sense of the meeting ; but he
would tell him at once that the subject he had
adverted to was under the consideration of the board,
but it had not been finally decided.
Mr. TITE asked if the. 600,0001. referred to by the
chairman had been called up.
The CHAIRMAN replied in the affirmative.
Mr. TITE would be glad to know, then, in the
event of the shareholders raising the additional
200,0001., would the South-Eastern Company he
liahle to pay them 5•I per cent: on that sum-toe.
The CHAIRIHAN was afrai i not. By the agreement
the S uth Eastern Company En ranked 51 per cent.
on 600,0001., and if any snore money were required
it was to be raised by debenture, at as cheap a rate es
possible.
Mr. TITE observed that the South-Eastern had
made rather a bad bargain with them, and it was only
an act of justice that they should raise this money for
them at the cheapest possible rate. He asked what
necessity there was for employing a public accountant.
The CHAIUMAN replied that had the matter stood as
between the directors and their shareholders they
should not have thought such a step necessary. ,
Mr. SMITH trusted the directors would take care
that no more money would -be borrowed than was
absolutely required for the Reading, Guildford, and
Reigate Railway. He hoped no money would be
raised by this company for the purposes of the South-
Easterniine.
The CHAIRMAN said the duty of the directors was
defined by the agreement, and money could not be
born) ved for the purpose tuggeeted by the Honour-
able Proprietor.
Mr. HBNRY had heard it whispered out of deors,
that it was the intention of a portion of the directors
of the South-Eastern Company to repudiate the
ageament.
'if e CHAIRMAN said, so long as a living could be
made c n the Stock Exchan4e by r rising or depressing
property, so long, would such unfounded rumours get
afloat.
Mr. TITE asked if the lease,had been signed ?
Tne CHAIRMAN replied no; hecau3e the works
were not yet fully completed.
Mr. MACGRECOI, the chairman of the South
Eastern Comrany, said there was no foundation
whatever for the supposition alluded to by the Hon.
Proprietor (M.s. Henry). The agreement, he could
assure she proprietors, was as binding as any that had
ever been enforced in a court of law, and it would
be kel t with perfect good faith by the company over
which he had the honour to preside.
Mr. KEELEY thought it would be more advisable
that they should raise the money themselves.
The CHAIRMAN said the shareholders were still
liable for an additional Si. per. share, and the board
1 ad it now under consideration whether it would not
be better to recommend the shareholders to get rid
of the debentures by paying up the SZ. per share and
getting their lease signed.
A PROPRIETOR wished to know what interest
would be paid on the additional Si per share ?
The CamamaN did not think they could reason-
ably expect more. than the marketable rate of interest,
say 4 per cent.
Mr. LEWIS was present at the last meeting, when
the Chairman told them that the 50,0001. then autho-
rised to be raised would be amply sufficient to meet
the wants of the company, and he was somewhat taken
by surprise at finding that 150,0001. more would be
required.
The Cuatasdats said he gave that information upon
erroneous data respecting the works but if the share-
holders would, have confidence in him and his board,
which he would undertake to say was the most
holiest in the kingdom, he would undertake that the
air r ho!ders should corne out of the concern with a
Tee fit in theirpo-;k-ts. It they had raa that ,
confi-
dence, why, the best thing the sherehold. rs could do
:was to change their chairman, and try what another
(would do for them.
• Mr. CAaIRN would never consent to ply a fur-
:ther call of 5/ vir share, to lend the South-Eastern
:Compeny t 4
,fr cent., and thereby reduce his in-
.tareA from 5.; to 4 per cent. He looked at the shares
as 151. share s, and :he directors hail no power to raise
.any additional call upon thenn.
: The Cuesumee warned the proprietors that they
..were only married to the South-Eastern Company by
:it little bit of parchment, and as it eels said to be an
easy feat to drive a coach and four through an Act of
Parlianient, might it not he done with equal ease
through an agreement like their own.
Mr. CARDEN thought this observation came with
very bail taste from the chair, after what had been
said by Mr. Macgregor, and again insisted that they
bad no power to raise any further calls.