The Sun.
London, England, 1850-05-06 00:00:00

Zttrtf Übttton

SUN OFFICE, Seven o' Clock.

TATTERSALL'S-THIS EVENING

Six o'CLocit

No business doing.

QUEEN'S BENCH.-(THIS DAY.)

(Sittings in Banco.)
(Continued from our Afternoon Edition.)
IN RE THE ELECTRIC TELEGRAPH COMPANY.

The ATTORNEY-GENERAL submitted that this rile
should be made absolute. This application was made on
behalf of the directors of the Electric Telegraph Com-
pany, whom Messrs. Willmer and Smith had libelled in
the letter written in the Morning Herald, and unless
persona were at liberty to libel individuals, because
members of a company, the Court would protect those
individuals from the gross libel which had been pub-
lished concerning them. This was a matter of character,
and the company were anxious net only to meet the
charges brought against them, but to explain others
fully and amply.
Mr. MARTIN and Mr. HAYES followed on the same
side.

Lord CAMPBELL was of opinion that this rule ought
to be discharged, and that those who applied for it
should be left to their remedy by an action for indict-
ment; end as there was an action already pending in
which the questions which had boon agitated to-day
would b 2 decided by a jury, in order that there might
be no prejudice from anything that fell from him (Lord
Campbell), he would abstain from saying anything more.
The rule was discharged, without costs.
(Sittings in Banco.)
IN RE THZ QIARTERLY REVIEW.

Mr. COCKBURN applied for a rule nisi, called on Mr.
Murray, the publisher of the Quarterly Review, to show
elatie why a criminal infurmation should not be filed
t4.:ainst him for a libel which appeared in that
work, in au article relating to the disturbances at
Vents, and the murder of Count Latour by
the populace, and which was worded in such
a manner that it could apply to no one but Court
Puhky, on whose behalf he made the present application.
It eharg‘d a Hungarian gentleman in this country with
(litho ibuting money and into eicating drinks, and exciting
popmace cf Vienna to revolution and to the murder
f Count Ls.tour.

The COURT refused the rule, on the ground that the
aqicte in que,tion did not point at Count Pulski, with
u eat explicitness to induce any one to come to the
c nc'usicn that fp~ was the person referred to.

EXCEIEQUER.—(THIS DAY.)
(B:fore the LORD Ciuur BARON and Barons ALDERSON,
ROLFE, and PLATT.)
SWAIM V. WOODS.

This action 719.3 triad before Mr. Baron Alderson a
faw days bince, when a verdict was found fur the de-
fendant.

Mr. MILLER now moved for a rule to show cause why
the Yer&m, should not be set aside and a new trial had,
on the ground of misdirection. The action was brought
by Dr. Swab y to recover a year's salary for services
rendered t) the Industrial and General Life Assurance
a'id Deposit" C ernpany, of which the defendant was a
oireoter. It app area that the company was originally
projected by a person named Cleland, and through him
the plaintiff was introduced to the defendant and other
provi,iona! directors, and a resolution was unanimously
priiNi fill a meeting of the directors on the 2.nri of
Aw.tsit, 1649, that he should be engaged as the secre-
tary of tie company. At that meeting the defendant
was nut pre-eat. The appointment of the plaintiff was,
however, suhject to the reservation that be was only to
expect, remuneration in the mut of the company being
cemapletely formed. The plaintiff accordingly entered
tae service of the company upon those terms, and con-
tinurd in the capacity of secretary for five months, but
on the 19. h December he was dismissed without any
juitilization, although something was said about his
being a nervous person, who was not likely to discharge
properly the duties of his office. This allegation, how-
ever, he was instructed to say was a mere pretence, in
order to prevent the plaintiff having any claim against
the directors. The Learned Judge was of opinion at
the trial that there was no evidence of a bargain between
the plaintiff and the directors, and accordingly directed
a vertii“ Lr the defendant. The Learned Counsel now
contended that there clearly was a bargain made with
the plaintiff, because the understanding was, that if the
concert. went on be should be paid his salary as secre-
tary, and that by implicaition he was not to be dis-
charged from that service unless on the ground of mis-
conduct. In the present case the hiring was not a
mere speculative one, the remuneration for which was
contingent on the success of the project, for a board of
directors was actually formed, and the plaintiff had given
his services for several consecutive months. It would be a
case of extreme hardship it' a person, engaged upon the
un lerstianding that he was not to be paid for his services
until the company was actually formed, should give his
services for many months and then be discharged
without cause 'a few days before the company
was legally incorporated, without receiving p.ny
remuneration. He apprehended that if an act of
this arbitrary character were to be done the
pkizat'ff, who would thereby be deprived of the induce-
ment held out to him fur giving his services, should be
peel for his labour and time out of the funds either of
the company or of the directors personally, and that in
this case the v erdict ought to have been for the plainiiff,
because the directors had undertaken the responsibility
of d.ischergine; him.

The Calla was of opinion that no rule ought to be
gralitel, fur the jury had found that under the arrange-
ment' by which th© bargain was made no member of
the board of directors was to ho personally liable, but
that the remuneration was to be found out of the funds
of the company. Under these circumstances, the jury
13.4ving founi; this state of facts, the plaintiff could
not recover on any of the counts of the declaration.
The e Jett was satisfied that there was no contract
to make the directors personally liable, because
it hail been proved at the trial, that the directors
and all the cffieers had agreed not to hold each other
personally liable, but to look to the success of the un-
dertaking for remuneration.
Rai,: refused accordingly.