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

QUEEN'S BENCH.-(THIS DAY.)

A RAILWAY TAVERN RILL.—BA SANT 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 sum of 20/., which he had paid into
Court.

Mr. Sergeant Shea and Mr. Wills were for the plain-
tiff.

Mr. Sergeant SnEA stated the case to the jury. He
said the plaintiff, Mr. Thomas Basunt, 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
largema party of
of . 1311. 18s. fd. for refreshments of all kinds
from
mrkst
haend26stuhrvoeiyors, of which he had the
which were supplied to the defendant, and to a
15thof
nDIsTt
ieoffev:emamnbbdeerr.a,
sskeeAvde eleventrzlr p:
agemen t'
toantrhouse of
for the night, representing themselves thatnghnr
apartmentnoNilcvoecm° Ik
eb atr last
ghuntil
on theth
accommo-
dation2th6ethp loafi
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
were; 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 for 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 cconsumedb y persons who got
free quarters in the way this party did. The defendant
had paid 20/. 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 cour-e 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 um only the solicitor to theCom,-;
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 headed " Derby, Uttoxeter, mid 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 30/. 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 b.e the master and manager, and ordered refreshments
which were consumed by the party, that he was respon-
sible, and ionght 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 °ailed :

Mr. George Murphy, surveyor, living in the Kent-
road, deposed that, in November last year, he was em-
ployed on the Derby, Utioxeter, 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 he
was 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 had re-
freshments both day and nigJt. 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-
spect to his account, that it should be settled. (The bill
was handed to the witness, and he said he believed it was
correct, with the exception of one item, namely, Si. ss.
for apartments on the first day they went, but on that day
they only occupied one room.) An application was
made on Sunday, the 30th, to the defendant by the
plaintiff respecting the charge for servants. The
plaintiff asked if he should include it in the bill, and the
defendant replied in the affirmative, adding, on the
plaintiff inquiring the amount he felt disposed to give,
that he might charge 21. 2s. a day.
By Mr. Justice Ex—No previous arrangement was
made by him with the defendant to meet him at the
Boar and Castle.

Cross-examined by Mr. M. CHAMBERS—IIe was sent
by Mr. Higgins, the engineer to the company, whose
house was full, and be understood the party were sent
to the Boar and Castle, to remain until they were re-
quired. He w(as one of the four who first went to the
plaintiff's house. On seeing him he stated that they
had been recommended to the house by Mr. Higgins,
and told him they required one private sitting room.
Took no'plans with him. The ten minutes referred to
were devoted to the plans of the Oxford and Western
line. On the 27th from four to six surveyors connected
with that line came, but those who came first were con-
nected with the Uttoxeter line, and were i❑ the employ-
ment of Mr. Higgins. Thoe engaged on the Oxford
sad Westeru reamined about QUO day ; but whilst