The Sun.
London, England, 1846-12-03 00:00:00

QUEEN'S BENCH.-(THIS DAY.)

RAILWAY TAVERN RILL.—BASANT V. GREY.
This was an action to recover 131/. 18s. 9d:, the
amount of a tavern bill. The defendant denied his lia-
bility beyond the,surn of 201., which he had paid into
Court.
Mr. Sergeant Shea and Mr. Wills were for the plain-

titl.
Mr. Sergeant SnEA stated the case to the jury. He
said the plaintiff, Mr. Thomas Basant, was the landlord
of the Boar and Castle Tavern, Oxford-street, and the
defendant, Mr. Aden Grey, was a solicitor, and a mem-
ber of the firm of Messrs. Grey and Illidge, solicitors,
of Great Tower•street. Mr. Grey was solicitor to the
Derby, Uttoxeter, and Stafford Railway, which was
thrown out by the Standing Orders' Committee.
The action was brought to recover the sum
of - 1311. 18s. 9d. for refreshments -of all ' kinds
wbilch were supplied to the defendant, and to a
large party of clerks 'and surveyors, of which he had the
management, from the 26th of November last until the
15th of Decemb, r. At eleven o'clock at night, on the
26th of November, several peraons came to the bouge of
the plaintiff, and asked for an apartment and accommo-
dation for the night, representing themselves that night
or the next day as connected or employed by the Derby,
Uttoxeter, and Stamford Railway Company. They
were received, and next
.day had breakfast, occupied
additional rooms, and denied themselves, during the
whole of their stay, none of the luxuries and comforts
which the house afforded, and as if they had abundance
of funds at their command. On the next day the de-
fendant arrived`upon the scene, and brought a number
of assistants—namely, surveyors and clerks—with him,
and at once assumed, from the way in which he con-
ducted himself, the management of the party. They
occupied, four of the. best sitting-rooms and six bed-
rooms, and they breakfasted, and lunched, and dined,
and had refreshments at all hours of the day and night.
Twenty or thirty visitors came from time to time, who
were invited to take refreshments, and the orders for all
werel almost given in every instance by the defendant.
The party were engaged in preparing the plans of the
railway for deposit at the Board of Trade, on the me-
morable 30th of November. 5/. ss. a day was
charged fen' the apartments, and 2/. 2s. a day for ser-
vants, and it would be shown in evidence that, the whole
of the charges were perfectly correct, and such as were
charged in all taverns, and consumed by persons who got
free quarters in the way this party did. The defendant
had paid 201. into Court and would no doubt contend
that he was not liable to pay more than this sum, and
that the prOvisional committee were liable and ought to
pay it, of whom the plaintiff knew nothing at all. Pro-
visional committee men who, drank none of his wine—
who did not sleep in . his beds. ' Of course he did not
look ,to the provisional committee. The defendant was
a respectable man, a member of a respectable house, and
a solicitor to a railway, but When applied to for the
amount he said, " I am only the solicitor to the Com-
pany, you must get it from the provisional committee."
He borrowed 61. from the plaintiff, and gave him a
I 0 U for the amount, which was cautiously worded.
It was beaded " Derby, Uttoxeter, and Stafford Rail-
way," and was signed " Aden Grey of the firm of Grey
and Ellidge, solicitor to the railway. No doubt he in •
tended that the amount of the loan should be covered by
the 301. he had paid into court ; but, no doubt, his Lord-
ship would tell them that if a number of parties went
into a tavern and had refreshments, and if one assumed
to be the master and manager, and ordered refreshments
which were consumed by the party, that he was respon-
sible, and ought to pay the cost ; that they were all
equally liable, but that one person ought to be sued ;
and if the defendant considered it was unfair to sue him
alone, he must get rid of his sole liability by a plea of
abatement, giving the names of the parties who were
jointly liable with him, but there could be no doubt that
he was the principal of the party, and was clearly liable.
The following witnesses were then called :
Mr. George Murphy, surveyor, living in the Kent-
road, deposed that, in November last year, he was em-
ployed on the Derby, Uttoxeter, and Stafford. Railway,
and went to the Boar and Castle on Wednesday, the 26th
of November, where he was joined by the defendants on
the 27th. He came with others, who were clerks and
surveyors. With the exception of about ten minutes be
as as employed with him at the house of the plaintiff until
the 30th of November, when the plans were to be de-
posited at the Board of Trade. The defendant was
constantly there superintending the work and giving
instructions. The numbers there varied from 15 to 30
during their stay. On the first day only one room was
occapied, but afterwards three rooms and the coffee.
room were used. They slept there, and many
of them worked all night, and all ' bad re-
freshments both day and night. Mr. Grey par-
took of the refreshments,, and generally occupied the
head of the table. If the party wanted anything they
ordered it, but the defendant had the management of
the party, and sanctioned all the orders. After return-
ing from depositing the plans on the 30th of November,
which was on Sunday, the defendant stated; in reply to
. the plaintiff, who made an application to him with re-
r spect to his aecnnilt, that it should be settled. (The bill
1
correct, with the exception of one item, namely, St. ss.
for apartments on the first day they went, but on that day
they only occupied one room.) An application was