The Sun.
London, England, 1868-02-17 00:00:00

THE SUN, LONDON, MONDAY EVEN G, FEBRUARY 17, 1868.

Paid.

WO
WO
100
all
100
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lOU
1100
IS
100
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Closing Business
Price. 1 dine.

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morning.

LAW INTELLIGENCE—This Day.

COURT OF EXCHEQUER.
BAXTER AND ANOTHER V. MISS ADAII ISAACS

11l ENKEN.

This was an action brought by the plaintiffs, as
trustees of Pearce and Countze, formerly coach-
builders in Long-acre, to recover from the defen-
dant, the well known equestrian actress in Lord
Byron's " Mazeppa," a sum of £33 ss. Gd. upon an
acceptance.

The defendant pleaded numerous pleas, and
among them false representation, no consideration,
never indebted, fraud, payment, and a set-off.
Mr. Prentice, Q.C., and Mr. Murphy appeared
as counsel for the plaintiffs ; Mr. Sergeant Parry
and Mr. Joyce were for the defendant.
Mr: Prentice having opened the case for the
plaintiffs,

The trust deed was put in appointing the plain-
tiffs trustees of Pearce and Countz.
Mr. Countze said—l was a coach-builder in
Long-acre. In 1864 the defendant came to my
shop. She wanted a brougham with very handsome
curtains, lamps to be chased and mounted with
horses running and rampant ; panels bordered
round with foliage in gold, wheels to be picked out
with gold foliage, white, and bands with white and
gilding round the fellies of the wheels ; chased
handles to correspond, and her monogram and crest,
viz., a rampant horse, on the panels ; round the
roof handsarne chased ornaments and foliage, and
a rampant horse at each corner, solid works, silver
plated nails to the wheels, everything else to corre-
spond. The defendant suggested how it was to be
done. There were cigar pockets inside ; the har-
ness mounted elaborately, silver crest embossed,
four sets of bells, two for each horse ; one
set of silver for the day time, another set for night ;
a set of horse blankets. The price was £3OB.
£lOO was paid off before the carriage went home,
and £2O was paid don account sent in in December,
1864, or January, 1865. £l4O has been paid, leav-
ing a balance of £170.145. Repairs were done to
the carriage from time to time. There was a very
handsome whip with silver ferrules. The order was
for cash. On several occasions I waited on defen-
dant, but did not get a payment. I charged her
£lO interest in July, 1867. She went to America
n that mouth. She returned in September. I saw
tli. Fender with reference to her affairs, on her re-
turn, about the account. He was her agent. In
September an account was sent in for £127. Other
sums had been paid in the meantime. I could not
then see the defendant at her house in Thurloe-
square, but I saw Fender. The carriage remained
with us during her stay in America, and an order
for its delivery came from render, who after-
wards called upon us, and in consequence of what
passed I drew two bills, which he took away, and
they were returned, one accepted. The defendant
sent us a £2O cheque from Liverpool on the 2d of
June. After the 26th September I received two
letters from Fender, and had previously drawn on
the defendant two bills for £33 ss. 6d. each, and
they were returned accepted by the defendant, and
on one of those this action is brought. Altogether
there had been £122 paid. In October, 1865, re-
pairs were done to the brougham, £8 15s. On the
14th December, 1865, I received a letter from Mr.
Fender:--" My desire is to pay what is due. Let
me know the amount of repairs to be done. The
long list frightens me." On the 22d March, 1866 :
—c; Miss menken, on account of the illness of Capt.
Barclay, has been obliged to go to America, but
hopes soon to return, &c. (from Fender)."
Cross-examined—Mr. E. T. Smith is a friend of
mine, and has introduced customers. I don't know
that he ordered the carriage. It was ordered of my
partner. Our first charge was £296. The first
charge was £220 for the brougham ; the harness
£42. The second charge was for painting mono-
gram, &c., £1 10s. ; other charges £l3 Bs. 4d., har-
ness £l6 95., making £296 2s. ; additions making
£3BO. I received orders from the defendant about
some repairs. Never heard that the rain came
through the roof. No complaint was ever made to
me about the carriage or harness.
In the course of the examination of the witness
Mr. Sergeant Parry said the defence was that the
defendant had been induced to accept the bill on a
representation that she owed a larger amount than
she had paid, whereas, in truth, she had paid the
full amount due.

At four o'clock the Chief Justice said it would
be impossible to finish the case that night, and
therefore he should adjourn to Monday, but the
Court would not sit before 12 o'clock.

Miss AdaMenken appeared in court, ad was at-
tired in a green silk dress of the prevailin fashion
set off on the shoulders with elaborately wrought
costly lace. She was the cynosure of all admir-
ing eyes."

The further hearing of the case was resumed this

Mr. Pearce said—l formerly carried on business
with Mr. Countz, in Long-acre ;we had been in
business there thirty:years. I saw Miss Menken
and gave her the estimate for the carriage in ques-
tion ; it amounted to £250. It was a reasonable
price, as we only cleared 12} per cent. by it. The
other articles supplied were also charged at the
same reasonable price. I received the first cheque
for £lOO, but when the bargain was made it was
to be for ready
money. Until the present action
I had no idea that the price would be disputed.
Cross-examined —I am acquainted with Mr. E.
T. Smith ; he introduced Miss Menken to me, but
he never gave me any orders about the brougham.
He made some suggestions which Miss Menken
adopted. I don't know that it was at his suggestion
that the rampant horses were ordered. I think the
only alteration he spoke of was the oval lights at the
back. I cannot say that he suggested anything else.
I didn't know that Miss Menken has paid £306. I
cannot say how long the brougham was left with us
when Miss Menken went to America. It was not
used during her absence from England. I don't
know that there was any complaint about the build-
ing of the brougham. He never heard that the rain
came in at the roof of the carriage until Saturday
last, nor that the silver ornaments turned black very
shortly after they had been exposed to the air. If
we had
i been made acquainted with such a circum-
stance t would have at once been attended to.

Mr. Sergeant Perry, in stating the case for the
defendant, said the lady was an actress of re-
putation, and -in the pursuit of her profes-
sional duty she was called upon to travel
in various parts of the world, and from that
circumstance it was not surprising she did not keep
but it was a very common
one with actresses. He contended that the real
aioaa
judicious
books.
proceeding,Ha would not say that such was a
andshowhis
power very much regretted that
til‘towas to
notno
hoe to produce the carriage
practical men, in order to support his
assertion that it was 'extravagantly charged for.
The
carriage was now, he believed, in America, and to
that
cause
alone must be attributed his inability to
en-
tirely the suggestion-o-f-lir. Smith, and that he knew
very well that g would be a great advertisement
for his theatre. Mr. Smith knew the great attrac-
tion it would cause to Astley's Theatre to have the
show it. Ho should show that the brougham was
lady go about the metropolis with rings on her
fingers and bells on her horses' heads. (Laughter.)
He should also show that plaintiffs charged not
only an extravagant, but a merciless price. The
carriage was delivered on the 22d November, and
as soon as the 3d December no less a sum than
nearly £l4 was charged for alterations and repairs.
Miss Meuken never knew, until the writ was issued,
that she had paid in all £306 for the carriage, but
finding that to be the case she thought that she
had paid sufficient for the carriage, and he hoped
that the jury would
_be of the same mind.
Without wishing to say any more than was neces-
sary about the carriage, he could not refrain from
saying that, when she used it one day, the rain came
through the roof, and of course that had at once to
be seen to. Miss genken treated the carriage with
the utmost tenderness, but notwithstanding that,
when she at length took the carriage to America,
she was charged no less than £6O for repairs, show-
ing that there were coachhaaker4 La America how