The Sun.
London, England, 1847-01-12 00:00:00

VOLLANS V. ILETCHER.

In this cause Mr. MARTIN moved for a rule calling
upon the defendant to show cause why the nonsuit
should not be set aside and a verdict entered for the
plaintiff for the sum of 211., or such sum us the Court
might think fit. The action was brought to recover
from the defendant, a member of the provisional com-
mittee of the Birmingham and Walsall Junction Railway,
the sum of 211. paid by plaintiff as his deposit upon 20
shares in this company which had been allotted to him.
Upon the trial the Lord Chief Baron was of opinion that
the agreement to allot the shares should have been
stamped, and the point was reserved for the considera-
tion of the Court, and the pluintiff was nonsnited, leave
being given to move to enter the verdict according to the
terms of the present motion. The Learned Gentleman
now contended that this case was precisely similar to
that of " Walstab v. Sputtiswoode," and acting upon the
decision in that case, he apprehended that the plaintiff
was entitled to recover back the money he hail paid, the
defendant not having applied it for the purposes for
which it was intended when paid by the piaintiff. lle
was willing, however, to take a verdict fur the sum
sought to be recovered, reduced by the sum of 2s. per
share, allowed by the Joint Stock Companies Act to be
retained on behalf of preliminary expenses.
The Lora) Cluny. I;AnoN said that the diffe.rence be
tween the present case and that of " Walstab v. Spottis-
woode" was this—in the latter case the plaintiff paid die
money upon an agreement that scrip was to be received
upon the payment of the deposit, and upon signing the
deed, but there was no scrip issued by the company,.
neither was there any deed prepared for the signature of
the plaintiff, who was therefore fully entitled to recover
back the amount of the deposit made upon the faith of
such an agreement. In the present case the scrip was
ready for delivery, but the plaintiff refused to accept it,
and also neglected to sign the deed which heti been pre-
pared by the defendant. It was this that constituted the
difforenee between the two cases, and it was this differ-
ence which led him to direct a nonsuit for the plaintiff
as well as the point raised upon the necessity of stamp-
ing the agreement.—Eule granted.

COURT OF COMMON PLEAS, Jsii. 11.
DAVIS V. LOWNES.

The only matter that came before the Court this morn-
ing was an application made by Mr. Sergeant Manning,
to change the attorney to the defendant in this case,
which was tried at bar the last sitting after term. The
application was granted.
The Court immediately after rose.

COURT OF BANK'? UPC Y, Jan. 11.
IN RE DONAGHUE.
This insolvent, who had carried on business in Vere-
street, Clare-market, came up for his final order.
Mr. DuNcAN opposed, on the gronnd that the insolvent
had not properly described himself; and that his debts
exceeded 3001 . The Learned Counsel then proceeded to
examine the insolvent as to whether he had not taken
the benefit of the Insolvent Act in 1339, which the in-
solvent admitted. He now petitioned in the name of
John, but on passing through the Insolvent Court, he
gave the name of " Jeremiah." On the present exami-
nation, he swore that he had never been known by any
other name than "John" Donoghue.
The Learned COMMIISSIONER said, the debts in the
present schedule amoanted to 2461. 17s. 21, and unless
those in the first schedule had been discharged, they
must be added.
The insolvent said, he had paid most of the money to
his former creditors.
The COMMISSIONER—Has the insolvent no solicitor
here to advise him, he does not appear to know how he
is answering.
A solicitor said he appeared for the insolvent, and it
was true most of the creditors had been paid, and re-
ceipts had been taken, but were in possession of a party
who was too ill to attend.
The COMMISSIONER —Admitting that he has it, gives
rise to the question, whether he can pay such creditors
as he thinks fit. You may not know the effect of the
Insolvent Act, but after he had signed the warrant o f
attorney on' his discharge, all his property belonged to
the official assignee, and if satisfaction was not entered
up on the payments, they cannot be here admitted.
Such payments are a fraud to other creditors.
The insolvent declared he had not been sworn—
although Mr. Duncan and the usher said he had.
The Learned CommissioNßa—lf you were not s worn,
you have told a simple falsehood to deceive me,
at all events. I dismiss the petition. I ahall mark on it
the reason that you petitioned in two different names.
The insolvent's demeanour became insolent, and the
Learned Commissioner told the usher to hand him out
of Court.

POLICE INTELLIGENCE.
BOW-STREET.

Mr. Searle, landlord of the Salisbury Arms, Durham-
street, Strand, was summoned on Saturday for having
refused to receive into his house two recruits who had
been billeted on him.
The complaint was made by a recruiting sergeant of a
dragoon regiment, and Mrs. Searle attended, instead of
her husband, and pleaded Guilty.
Mrs. Searle said that neither her husband nor herself
ever objected to admit soldiers with billets into their
house, but rather than admit such persons as were sent
to her in the present instance, she would pay a penalty
of 201. Her house was usually frequented by very re•
spectable persons, in addition to which she had to com-
plain that her neighbours in the same business were not
subject to similar annoyances, for the landlord of the
Cock and Bottle, she knew, had not had a billet for a
considerable period.
Inspector Stephens said the landlord of that house
was a free vintner, and as such was entitled to ex-
emption.

Mr. HENRY said he must inflict a penalty of 40s.
Mrs. Searle paid the penalty, and left the court de-
claring that she would always refuse to admit such dirty,
ragged objects as the recruits into her house.
Sewall Bowden was charged before Mr. Hall with
being disguised in men's clothes, and being drunk and
disorderly, in the Strand, at a late hour on Sunday night.
The prisoner, who wore a coarse heavy great coat,
corderoy trousers, and checked shirt, all of which were
much too big for her, seemed much confused, and
heartily ashamed of herself. Her hair, which was fas-
tened in a knot at the back of her head, and dressed
plainly in front, formed an odd contrast to the male
attire, and her whole appearance as, overwhelmed with
embarsassment she leaned on the rail of the dock, holding
her hand, and looking at it as if she could not tell what
to do with it, was at the same time pitiable and ludicrous.
Policeman F3O said that he saw the prisoner in the
Strand on Sunday night with two men and some women.
She was drunk, screaming, shouting, and laughing. He
told her to be quiet and she would not, and as he knew
at once that she was a woman, he took her in custody.
The prisoner said she was very sorry. The clothes
were her brother's, and she " only put them on last
night." Her brother was a blacksmith.
Mr. HALL—And I dare say a respectable man. How
will he like this, do you suppose? It is not at all the
conduct of a decent woman. I hope, however, that it
will not occur again. You may go now.
The prisoner made a compromise between a bow and
a curtsey, and left the doJk.
CLERKENWELL.

A very respectable-looking man,: whose name and
address appeared on the police-sheet as Abraham
Matthews, of N. 1, Park lane, was placed at the bar
before Mr. Greenwood, charged with being drunk, and
having driven a horse and gig so furiously and reck-
lessly along Gray's Inn-road, as to inflict serious injuries
upon a boy about nine years of age, named Thomas
Madden.
It appeared, from the evidence of the injured child's
brother and mother, as well as that of the police, that
the prisoner was observed coming at a rapid pace from
the direction of King's cross on Sunday evening, about
seven o'clock, and the mother of the boy, who, accord-
ing to her own admission, at the time was partly intoxi-
cated, was leading him and his brother by the hand
across the street nearly opposite to the Royal Free
neary: thuet
Hospital, when the prisoner approached. Seeing the
wards
danger, Thomas Madden attempted to get out of the
but, before he could do so, the wheel caught him
shoulder,rolled
ethrew
him,!m
whereby
h e forwards,waese d r eaandd.
to St. Bartholomew's after
had proceeded uew
fully injured as to render necessary his immediate re-
moval's Hospital. A fter the pri-
sonerspot he was stopped by aboutt fifty or sixty yards from the
statn-house, when the charge
arge
police, and taken to the
to
of
tthe
magistrate drunkenness w a
as
c e also
r.
enter
The entered
constable
h imee.w
that,
hhaotu, handedse-sur
althoughe t g St. Bartholomew's
yvere at the Itillocsaptietafbrom statingthe
pre-
sent moment no symptoms indicating
were
weep must
from the injuries the boy had received, still
danger
of so serious a nature that at least sixt
elapse before he would be in a condition to leave the
hospital.
Mr. GREENWOOD determined upon remanding the