The Sun.
London, England, 1861-01-18 00:00:00

COURT OF EXCHEQUER.

(Sittings in Banco, before the Lord Chief Baron,
and Barons Martin, Bramwell, and Wilde.)

ESCOMBE AND ANOTHER V. HEUGH AND ANOTHER.

At the sitting of the Court this morning,
Mr. Baron Martin delivered the judgment of their
lordships in this case, argued yesterday. It was a
demurrer to a plea in an action brought against the
defendants, ship and insurance brokers at Man-
chester, who had, through their agents, Messrs.
Lingard and Co., entered into an agreement with
the plaintiffs to ship certain goods on board. the
Warrior queen for Calcutta, which was to sail on
a specified date. The question turned on the mean-
ing of a letter written by the agents of the defend-
ants—whether this letter involve,' a guarantee that
the vessel would sail on a certain (late. The de-
fendants had clethtirred tc, this plea, and the Court
was of opinion that the demurrer was good, and
that the defendants were entitled to judgment.
Judgment accordingly.
(Sittings at Nisi Prius, before Mr. Baron Bram-
well and Common Juries.)
TIATTEII V. icaPry
--pats OF EXCITANOE.
This was au action to recover the value of three
bills of exchange for -C75, £lOO, and £26 10s.

respectively, and for money due. The defendant
pleaded that the two first bills were accepted for
the plaintiff's accommodation, and as regarded the
third he paid the amount into court as well as I:5
on an I 0 U.

Mr. Turner and Mr. Talfourd Salter appeared
for the plaintiff; Mr. Sergeant Shee and Mr. Kars-
lake were for the defendant.
It appeared from the evidence of the plaintiff, the
landlord of the York Hotel, Hastings, that in 1855
he had become acquainted with the defendant
(stated by counsel in his opening to be a clergyman
of the Church of England, but this was denied by
the defendant's counsel.) He supplied the defen-
dant from that period to June, 1858, with wine,
spirits, beer, &c., and had lent him and paid money
for him on several occasions. The defendant gave
him two I 0 U's, for £5O and £2OO. The defendant
had seen his accounts from time to time, and when
he gave the I 0 U's the greater portion had been
torn out of the books at the defendant's request.
Cross-examined by Mr. Sergeant Shee—The
I 0 U for £5O was given on the 13th July, 1857;
and, at the request of the defendant, in order that
Messrs. Garratt, the family solicitors, might not
see it, I tore out the leaves of the account. He did
the same, I believe, with other tradesmen at Has-
tings. £22 of that sum was contracted before my
insolvency in January, 1856 ; my debts were £976,
and my assets £175. I was remanded for six
months. The defendant was a man of irregular
habits, but I don't think he was weak-minded,
because he wrote poetry and also for the news-
papers. (Laughter.) I think he is a very clever
fellow. He was frequently drunk, but not daily.
I did not know that Messrs. Garratt and James
were looking after him at the request of his rela-
tions. When first I knew him he had considerable
means, but afterwards I heard he had an allowance
of £4 a week from his family. My account against
him when he gave the £5O I 0 U, from July, 1857,
to the 2d of June, 1858, when he gave a second
I 0 U, was £2OO. When the defendant gave me
the bills he desired me to throw the I 0 U's
on the fire, which was done, but they were
afterwards found in the fireplace and burnt.
The debt of £22 contracted previous to my insol-
vency is omitted in my schedule. I will not swear
that the whole of the £5O is made up of items sup-
plied before my insolvency. The plaintiff broke my
plate glass windows three times, and I advanced him
money to pay for them. (Laughter.) In December,
1858, I instructed my solicitors to apply for the £250,
and the Messrs. Garratt and James replied that they
were at a loss to understand the claim, and consi-
dering that the defendant's credit had been destroyed
at Hastings and his position well known, they could
not but conclude that the bills had been given with-
out consideration. They asked for particulars, and
said if the creditors would wait they would be paid.
They afterwards wrote that they had made inquiries
of the defendant, who had no recollection of having
given the bills, but that he admitted the I 0 U's
given for the amount of my trade account prior to
my insolvency, and that he had contracted a further
debt with me, but nothing like the amount de-
manded. I was in want of money very badly at
that time, but did not press for payment. The
defendant was supplied with particulars two or
three times.

Mr. Sergeant Shee—ln your books, from Nov.,
1857, to April, 1858, I see abundance of drink, but
not enough to make up £2OO. There are charges
for cigars, tobacco, rum, brandy, grog. How long
was the defendant living with you between July,
1857, and July, 1858 ?
Plaintiff—Several times. He used to come and
stay with me, though he had a lodging elsewhere.
I think he gave a dinner party while he was there ;
but I cannot say that he used to bring in many per-
sons to have some with him. He used to have half
a-dozen bottles on the table at a time. When the
Circus people were at Hastings he used to have half-
a-dozen of wine put on the coffee-room table for
them several times. (Laughter.) He used to have
dinner parties of young gentlemen on several times.
Amongst them were one or two riding Masters. I
would board a gentleman for £2 2s. weekly, if he
paid for his drink. The defendant only came to my
house to live occasionally, when he fell out with the
people he was lodging with.
Re:examined—l became insolvent from being
security to the extent of £l,OOO. My wife carried on
the hotel business during my insolvency. I returned
to my hotel and have been doing well ever since.
The defendant is 40 or 50 years of age. I never
heard from the defendant's friends that I was not
to trust him. In 1856, when Messrs. Garratt and
James paid me an account, they told me I should
be cautious.

Several letters were then put in from the defen-
dant to the plaintiff. In one, dated Feb. 13, 1856,
he requested the plaintiff to pay a bill for him. In
others he wrote to the plaintiff as "Dear brother
Hayter " requesting the Book of the Mormons, a
bottle Of port and sherry, and subscribing himself
" Yours fraternally." In another, to be addressed
under cover to I. Saunders, Esq., St. Ann's, Lewes,"
the defendant wrote, " Thanks for your letter.
There is no chance of my getting out. Garratt and
James's clerk came here this afternoon, but only to
look at and mock me. Send me some sherry, a
flannel waistcoat, flannel drawers, and a pocket
handkerchief. Bo sure and come, for there is no
chance of my getting out unless through the Insol-
vent Court. Bring me some tea and tobacco."
Mr. Baron Bramwell That would imply the
defendant was in prison.
Mr. Serjeant Shee—He was, my lord.
Re-examination continued—Defendant was a free
liver. I believe he gave away a good deal he had
from me. At last he wanted so much that he nearly
cleared me out, and I refused to supply him.
Mr. Serjeant Shee The plaintiff's schedule
showed the amount of the defendant's security was
£lOB 17s. Bd.
By the Judge—How came you to trust the de-
fendant in so large an amount ?
Plaintiff--I had known him a long time.
The Judge—Had he ever paid you large sums ?
Plaintiff—No, not a farthing.
The Judge—Why did he address you as "Dear
brother," and sign himself " yours fraternally ?"
Plaintiff—We were brother freemasons.
Other evidence having been adduced in behalf
of the plaintiff's case, it closed.
Mr. Serjeant Shee addressed the jury for the
defence, contending that, although something might
be due from the defendant to the plaintiff, the pre-
sent claim was an imposition.
The learned judge having summed up,
The jury found for the plaintiff— damages,
1.:179 10s.

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BIRTHS.
DALKEITH.—On the 17th inst., at 37, Belgrave-square,
the Countess of Dalkeith, of a son and heir.
HooG.—On the 16th inst., at 23, Princes-terrace, Princes-
gate, the wife of Lieut.-Col. Hogg, of a son.
HEYGATE.—On the 16th inst., at 47, Eaton-place, the wife
of Wm. U. Heygate, Esq., of a daughter.
LowNDEs.—On the 16th inst., at Highcroft, Husbands,
Bosworth, Leicestershire, the wife of Captain James
Lowndes, of a son.

MARRIAGES.
CIIETWODE—READE.—On the 17th inst., at St. Thomas's
Church, Portman-square, Sir John Newdigate Ludtord
Chetwode, Bart., of Oakley, Staffordshire, and of Chet-
wode Manor Bucks, to Arabella Phillis, widow of the
late James Iteade, Esq., of Lower Berkeley-street, Port-
man-square.
SCOTT—HOWARD.—On the 7th inst., at the Catholic Cha-
pel, Arundel, James R. Hope Scott, Esq., Q.C., to Lady
Victoria Fitsalan Howard.
•
DEATHS.
Bnommousr..—On the 11th inst., at Leicester, Joseph -
EItSKINE.—On the 15th inst., at 30, Devonshire-place,
Brookhouse, Esq., aged 55.
Maitland, widow of the late Wm. Erskine, formerly of
Bombay, and daughter of the late Right Hon. Sir Jas.
Mackintosh, aged 60.
GoLnscuminT,—On the 13th inst., Mr. J. Goldschmidt,
of 6, Griffen-court, Mayfair, IN., aged 75.
010-..gx,—On the 16th inst., at Hyde, Isle of Wight, Capt.
Green, aged 70.
HYDE.—On the 13th inst.,
at Fladong's ll6tel, Old
Caven-
dish-street, Charles Hyde, Esq of Hyde-end, Berk-
shire, aged 78.
STANLEY.—On the 17th inst., suddenly, of bronchitis, at
No. 20, Jermyu-street, St. James's, Mrs. Stanley, lato
of the llar..aarket Theatre, aged 69 years.

,01.41)0N : Printed and Published by 31URDO YOUNG, of
No. 112, Strand, Printer, at THE Sun Office, No. 112, Strand,
in the Precinct of the Savoy, in the County of jiliddleiex
Friday, Jailliary 18, 1801.

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