Star.
London, England, 1829-07-06 00:00:00

TOMKINS W. SAVORY.

Lord TENTERDEN read his notes of this case, from
which it appeared that it was an action tried before
him at Guildhall, to recover a sum of 2101. The plain.
tiff employed the defendant, a broker, to purchase for
him some shares in the Imperial Continental Gas
Company. The defendant purchased them, and
represented that 81. had been already paid on
them. When called on to pay another instalment,
he asked for a receipt from the bankers for the 81.
but they said that only 51. had been paid on each of
the shares, and that they would not give a receipt
for the other 31. The plaintiff then applied to the
defendant to inform him who was the principal from
whom he had purchased the shares, that he might re-
cover the difference on each, between .51. and 81. The
defendant, it was stated, said at one time that he did not
know, and at another time that he would not tell. The
plaintiff then brought his action against the defendant
himself, as it he had been the principal. It was con-
tended for the defendant that the shareholders were
aware that an arrangement was made in favour of the
Directors, among whom wereGoldsmidt arid Montefiore,
for their trouble and charges in negotiating with the
Continental Powers, for the exclusive privilege, in be-
half of the Company, of lighting their principal cities
with gas. A premium of 31. per cent. on each of the
shares held by them should be allowed in their favour ;
and that they should, on paying 51. to the bankers for
the first instalment, be considered as having paid 81.
All other shares were sold in the market at 81. and
when the Directors brought their shares into the mar-
ket, they, of course, sold at the same price as the others,
but it made no difference to the persons holding or
buying shares, whether they were Directors' shares or
not; because all the shares paid 81. and it was the same
thing to these persons, whether they paid the SI. to the
Bank or to the Directors. Lord Tenterden, at the trial,
appeared to be of this opinion, and asked Mr. Gurney,
the Counsel for the plaintiff,whether he would be called.
Mr. Gurney went to the Jury, and the plair.tiff had the
verdict for the 2101.

The ATTORNEY GENERAL obtained a rule to show
cause why the verdict should not be set aside and a
nonsuit entered, or a new trial granted. The only
point on which Mr. Gurney dwelt in his speech to the
Jury was, the refusal of the defendant to discover the
principal from whom he purchased the shares ; and he
contended that the defendant himself must be con-
sidered as the principal, and in this way it had been put
to the Jury by the Judge. But, in reality, it signified
nothing at all whether the defendant was the principal
or not, the only point being, whether the plaintiff
had been damnified and put on a worse footing than
the other shareholders. For the reason which he had
already stated, it was manifest that the plaintiff had not
been damnified. The 31. was merely a bonus given to
the Directors, at the expense of the whole company, and
in point of fact, the Directors abandoned even this ad.
vantage, and paid up their full instalments, as well as
the rest of the shareholders, on finding that the shares
hid fallen in the market, from use re-action that took
place. But this Company had survived the period which
was so disastrous to many Joint Stock Companies, and
was now in active operation in lighting with gas several
of the principal Continental cities. It was rather un-
fortunate that his Lordship had acted on his first idea,
and nonsuited the plaintiff.
Mr. GURNEY showed cause against the rule, but
Lord TENTERDEN said, that if he had misdirected
the Jury that was a ground for a new trial, and not for
a nnnsuit; but the case must go to a new trial.
Rule absolute for a new trial.
PREROGATIVE COURT, JuLy 4.

IN THE GOODS OF FRANCIS HORNIIY, DICRAZID.
Di. Jams ADAMS said the testator in this case, Mr.
Francis Hornby, of the Strand, died in Match last,
leaving a widow and eight children. Shortly after his
decease, a paper, in the nature of a testamentary docu.
meet, but without any date, or a subscribing witness,
was found in his desk, by which his property was be.


qneathed to his family, and his widow was appointed
executrix. Although there was no date to it, and it
was not a regularly executed will, the water mat k in
the paper was "1829," and in several conversations
with his widow and one of his daughters, he expressed
himself, before his death, that he had " made all right,"
alluding to his property and his probable decease. The
Learned Counsel, under these circumstances, prayed
that probate of this paper, as deceased's will, might
issue to his widow.

Sir JOHN NICHOLL said, though the paper was in an
unfinished state, yet the circumstances were sufficient
for him to grant prcbate to the widow, and the Learned
Judge decreed accordingly.
THE BLACKHEATH MURDER.

FUNERAL OF MARIA Lssmounar.—Saturday mops-
ing, numbers of the inhabitants of Blackheath, Lewis-
ham, Greenwich, and the places adjacent, assembled
about the house of Mr. Davidson, the Yorkshire Grey,
Limekilns, to witness the funeral of the deceased woman.
About four, all being in readiness, the procession set
out towards Greenwich Church. It moved on at a very
slow pace, and upwards of 1,000 persons were assembled.
On reaching the but ial-ground the corpse was met by
the Rev. Mr. Matthew, the Vicar, who read the Funeral
Service, after which the coffin was consigned to the
grave. Mr. Davidson, the late masts of the deceased,
although he did not follow as chief mourner, attended
to see the body safely deposited.
SPORTING INTELLIGENCE.

LUDLOW RACES, RACES, 11129.7-Wasessaar,_huml.

A Sweepstakes of SO sows. ;ad*, nft for inks. once round and

a distance.

Mr. Benson's b f Melody, Set 41b •••
Mr. Sa'way% b f Pantecbnethies, Sat 41b
The Ledford Stakes of 10 sows. each, for all ages—Once round
and a distance.

... 2

Lord Clive named b c Independence, I yrs. get 7lb ... 1
Hon. Mr. Clive's cb c Villager. 4 yrs. est ... ... ... g
Corporation &ekes of 21 soya. sub. with SO sees. added by the
Corporation.—Half a mile.
Mr. E. Yates's ch c Jonathan, lit 41b
Mr. Pickering's b c Henwick .
Some others started.

1

A Maiden Plate of X7O given by the Members for the Borough
of Ludlow, for all ages.—Heats, once round and a distance.
Mr. Careless's b e Defford, 4 yrs, est 1 1
Mr. Lycet's b c Nimrod, 4 yrs, est ...
Mr. Beardsworth's be by Mauer Henry, 4 yrs, est ... i 0
Mr. Gifford's b c Barrabas, 3 yrs, est 12Ib ... Idr
The Lutwyche Stakes of S son. each, with 10 son. added from
the Fund.—Heats, once round and a distant/.
Mr. Hicks' b c Jack of Clubs, g yrs, 7st elb 1
Lord Clive named ch m Viten, 4 yrs, est 71b 9
Captain B. Davies's b b Mitre, 4 yrs, est 13Ib 11
Hon. Mr. Clive übm by Master Henry, 4 yrs.'s* 71b .. 6 4
Tatuaussv.
_

The Gold Cup, by subscriptions of 10 sovereigns sash, with 60
added from the Fund, for all ages. Twice round, surging at
the Chair.
Mr. blytton's ch bby Euphrates. aged, let „. 1
Mr. Giffard's b h Sampson, by Anstar, a yn, Est 10Ib ... S
Mr. Benson's b f Melody, by Bastard, 3 yrs, SW Sib ... 3
A fine race. Won by a head.
The Old Field Stakes of 10 sovereigns each, with 110 sovereigns
added by the ,len►ben for the Borough. Heats, once round
and a distance.
Mr. Gifford's b b Sampson, S yes, Est 131 b ... 1 1
Mr. ♦Weaver names b f by Stieph6n, 3 yrs, Est 61b 2
Mr. Vever's eb e Villager, by Bustard, 4 yrs, est ... 4 5
Mr. Salwey's b c Independence. 3 yrs, Est lib . 2dr

A beautiful me.

The Oakley Park Stakes of 10 sovereigns each, with BO sovereigns
added from the Fund; each horse to carry 19 sons. Ouse round
sad a distance.
Mr. Smith Owen names b b &lion by Candidate, Iyn 1 1
Mr. D. R. Dansey names b g Counsellor. aged ... 4 9
Mr. L. Chulton names b m Fanny by Aruba. aged .. 9dr
Load Clive names ch g Tartar, by Don Cossack. aged 5 dr
on easy.
Mr. Jones's b m by Mortimer. est 71b. beat Mr. Oslaud's btu
by Humbug, 6st 71b. Half a mile, 50 soy. pp.
LANCASTER RACES, JULY 2.
A Sweepstakes of 10 sows each, p. p. for Hunters, not thorough
bred, three yr olds, Lst 41b; four, lOst 71b; five, list 71b; sill
and aged, 1110.. Six Subscribers. Gentlemen riders. Two miles.
Mr. Hudson's b f Agnes ••• .. 1
Mr. Bradshaw's blk g by Rinaldo ••• ...
Bad rate. Rinaldo nearly distanced. Four paid.
The Noblemen and Gentlemen's Plate of 701. for all ages; three
yr olds, 6st. 121 b ; four, tist 21b ; five, Ist 111 b ; six yr olds, and
aged, 9st. Three mile heats.
Mr. Simpson's b m The Duchess, 5 yrs ...
Duke of Leeds' ch in Jenny MiUs, 4 yrs ...
Well contested. Seven drawn.
ROCHDALE RACES, JULY 2.
The (told Cup value 100 ga—Murphy walked over.
Match for 100 sous—Mr. Mantis ch f Fanny beat Mr. Gras.
wood's ch f Betty.
A Hunters' Stakes of 10 son each (11 subs.) and 20 added.--
Won in three heats by Mr. Clegg's Cheezire Cheese, beating Mr.
Clarkson's Nimrod, and two others.

... 1 9 3
... 2 1 2

The Club Pu'rse of 30 sees, with a Sweepstakes added.
Mr. Jackson's Brenda ... ... .. ... 1 1
Mr. Gibson's Nicanor .. ... .18 g 0
Mr. Harrison's fby Walton ... .. .. 3 0