The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-03-24 00:00:00

NISI PRIUS COURT.

(Before Mr. Justice COLERIDGE.)
The learned Judge took his seat at 12 o'clock.
RAILWAY TRANSACTION.—FLETCHER V. MARSHALL.
The plaintif in this case was Mr. Joseph Fletcher, teacher is
a school at Manchester, and the defendants William and Ed-
ward Marshall, who carried on business in the same place as
stock and share brokers. The action was to recover the sum
of £l2l 17s. 6d., which was paid by the plaintiff to Messrs.
Marinill, in respect of the purchase 13y him of 50 shares in the
Essex and Suffolk Railway.
Mr. Martin, with whom was Mr. Cowling', conducted the case
. .
forthe plaintiff;Messrs. Watson and Atherton appeared
i and .
for
te
defendants.

Mr. MARTIN stated the case. The plaintiff was a person
who, like many others, had been unfortunate in railway specu-
lations. On the 30th of September, 1645, he was introduced to
the defendants, who agreed to buy for him 50 shares in the
Essex and Suffolk Railway, which undertaking was at that time
intended to be joined with the Eastern Counties. He explained
the mode in which those companies were established, which
was, that a number of persons having projected a line,
printed forms were then given out, filled up, and if the
parties applying were approved of, the money was di-
rected to be paid into the banker's, and on the bankers'
receipt being produced, the shareholders were entitled
to receive their scrip. The scrip was not issued when
the contracts was made, but notices were afterwards issued
to the effect that the scrip would be ready in London on the let
of October, and on the 14th in Manchester. A note was sent
to the defendant on 30th Sept., stating form that the shares had
been purchased by the plaintiff, and upon this the latter paid ,
£3O; on the second of October he was again applied to and •
paid 420; the rest of the money was afterwards paid by instal=
ments, and it was announced that the scrip would be issued on •
the 14th of October, and delivered immediately to the plaintiff.
It was well known that after the month of October last year,
shares in the different railways came down considerably, and
were not so saleable as they had been previously ; consequently
the non-possession of the scrip by the plaintiff would subject
him to serious loss. After the 14th of October the plaintiff
called at the defendant's office every day for some time, and on
one or two occasions in the company of a friend, but (Ed
not succeed in getting his scrip ; owing to this the matter was
put into the hands of Messrs. Rowley and Taylor, and the scrip
not being forthcoming, proceedings were taken for its recovery.
When the defendant was applied to, he stated that he had net
got the scrip. The learned counsel went on to show that the
defendant had endeavoured to relieve himself from his respon-
sibility by alleging, as shown in his plea on the record, that
the transaction was illegal under a certain Act of Parliament,
but the court had decided that under similar circumstances,
a contract was binding. The defendants were undoubtedly
bound to deliver the scrip as part of their contract.
Witnesses were called to show the purchase of the shares by
the plaintiff, and the refusal of the defendants to supply the
scrip.
Mr. WATSON took an objection on the ground that the de-
fendants were brokers to Fletcher, and were simply to pur-
chase shares, and exercise due diligence in Ipurchcsing the
shares and delivering the scrip, and though the scrip was net
delivered, he could not see that the defendants were liable in
the way set forth by the plaintiff on the record. Besides there
had been no evidence of an express coittract.
A question was raised as to an alleged defect in the record,
no actual time being stated at which the scrip should have been
delivered. , Mr. Martin contended that the averment as to the
defendant undertaking to deliver the scrip in a reasonable tithe
was sufficient.

His LORDSHIP thought the record might be amended, and
Mr. Watson could move if he chose.

Mr. WATSON addressed the jury, contending that the plain-
tiff had shown a desire to repudiate his contract by taking pro-
ceedings before a reasonable time had elapsed for the delivery
of the scrip. Between the 14th and 31st of Oct., a period of 17
days, the defendants could not obtain the scrip by any[exertlon
on their part, and on the latter date the action was brought. And
if they could not obtain it, the question would be whether a
reasonable time for procuring it had been allowed before the
31st October. He should call witnesses to show that a reason-
able time had rot expired when the plaintiff took proceedings ;
the scrip for the railway in question was ready on the Ilth No..
vember, and might have been obtained but for the course which
the plaintiff had thought proper to take. He thought when the
jury had heard the evidence for the defendant, they would be
of opinion that a reasonable time had not been allowed. -
Severai witneseeswere then called, who deposed they were ac-
quainted with the mode of transacting business in railway
shares. There evidence went to show that some time frequently
elapsed between the issuing of scrip and procuring it for
delivery ; they had also particular settling days 'in each month,
at the middle and the end, and it was usual in cases of contract
for shares to deliver the scrip near one of the settling days_ ; the
scrip alto passing through a number of hands, which ne-
cessarily occasioned delay. it was also stated, that it
September and October last,. the great amount of business he
the Stock Exchange at Manchester, and the large engagements.
of the brokers, had occasioned delay in the delivery of scrip
gener'aliy. Mr. Habl, sharebroker, of Mancleeter, who sold
the shares to the defendant? raid they had made frequent ap-
plications to him for the scrip, bet owing to the gigantic tran-
sactions going on in 2eptember, October, and November, they
could not keep pace with them, and delay coeseqeently tool:
place in the delieery of the scrip. He did not consider the
time et which the scrip lind been issued for the railway in
which the plaintiff hacl boreeht shares as being longer than
usual; he bed Prawn two or three months to elapse before the
delivery in mire t‘ere2.
Mr. MA RTIN replied observing, that it was new to him. be-
eauee a person had somuch business on hand that he could not
get througleit, that the rights of
parties
shares shen d iiiterferea with. He arithmaking purchas of
itted there were cer-
taia days of settling, and, in conformity pith that, the scrip
eCovelesiov on Pate 8.4
e •

,
A

it. tteraturr.

P 0 E 'll R Y .

EVENING IN SPRING

Written for the Liverpool Standard )

I sought a grassy seat, when Day
Was dying in the west ; his parting smite
the wave. No souLd but seem'd
offering, until thou, sweet bird

gent on the way

To Pt
Of night, thy dirge

[eparting light
ifts of young

And bright th
Shed from her sunny pinion ! Tender thoughts
Glow'd in my breast of lov'd ones early dead—
Fond memories of those who, scarcely known
To grief below, with undimm'd eye, and brow
Unclouded, found a shelter iu the tomb :
Departed ere the storm its fury waged !
Hid in the harbour from the ills to come!
Ere loom'd the weary year, the evil day
When Pleasure gilds not the dub stream of Time,
And Age's wintry bleakness is unfelt
Calm musings came a no

—sweet reveries
Of that unpictur'd morn of j' y, that dawns,
Life's short day o'er. Sudden I fell asle, p,
When fancy, uncontroll'd, quickcn'd to life
My waking thoughts—l was with seraphim,
And wav'd through .:deti's vales the unfading palm I
I woke—and as 1 went my way, I thought
Of the high dreams of immortality.
'Alen touch'd by Death's dark pencil, and in Glory burst !
Brunswick-road. SAMUEL HUGGINS

NOTICES

NEW PUBLICATIONS

Woman's Love: a Romance of Smiles and Tears. By
G. Herbert Rodwell, illustrated by Alfred Crowquill.

London : W. It. Sams, St. James's-street.
The first two numbers of this publication arc before us,
and promise excellently. The work is well got up, and
the illustrations, we need not say, are of a high order.

The Knight of Gwynne : a Tale of the Time of the
Union. By Charles Lever. Dublin : Curry, jun., and

IVe have now received three numbers of this new pro-
duction of Mr. Lever's genius, which fully maintain his
reputation as a tale writer. The characters thus far are
well drawn ; and, as affording a graphic description of
Irish society in the year of the passing of the act of union,
the character of an Irish parliament, and the mode in
which its assent to that measure was procured, it is pecu-
liarly interesting at the present crisis.

The Enchanted Rock : a Comanchi Legend., By Percy
B. St. John. London : Hayward and Adam, Pater-

poster-row

We have been pleased with the perusal of this attractive
little volume. The writer possesses great graphic power,
has evidently mingled in the scenes which he so forcibly
places before us, and his work throughout is excellent
sentiment, and sound moral and religious feeling.

SELECTIONS.

MATERNAL TUITION.—No one can sympathise with a
child's feelings so truly, so intimately, as woman ; he is
deficient in the kindness which in her overflows ; from
her heart she pours out nourishment to the infant mind,
which man's intellect in vain attempts to supply. No
education, from which the mother virtually or actually is
excluded, can suffice and satisfy; no education can be
normal in which woman has no part—for without her,
though the understanding may be brought out, the will
which yields not to hard and harsh motives, but to soft
and inviting spontaneities—which does not and canaot
respond to mere intellectual teaching, but answers only to
sympathetic persuasions—must remain comparatively
dormant. Christian morals taught by female lips cease
to be syllogistic disputations and become, at once living
principles, receiving illustration not only in the pictures
of fancy, and the moving shapes of strong imagination,
but in the affectionate reality, true loving-kindness, good-
will, and well-being, which live in woman.—Herraud's
Essay on Education.

RUSSIAN POLICE —A young man on his wedding-day
hired some diamonds for his bride, which were stolen du-
ring the night. Ile waited on the commissary of police,
who, after having heard his complaint, opened his desk,
and showed him the jewels. The young man hastened to
take diem. " There are 6,000 rubles to pay," said the
commissary. The poor young man observed, that, as he
lived on his salary, he could cot procure such a sum ; upon
which the commissary quietly locked the drawer which
contained the diamond,. The bridegroom immediately
ed to General Kakoschkin, and gave him the parti-
f what had just transpired. " I have no such offi-
ce ; and dismissed him with
robber in the very act, and
the police-office. " Oh, that is an old
" said the commissary, and let him go." A
i had attended the family of the commis-
Petersburg. The latter, on
mnpense him for his attend-
If you would do me a great
the watch that is hanging up against the
is, in fact, the very watch that had been
aim some time previous, and had since re-
ands of the police.—Golovine's Russia.
OF WATERLOO. —The cuirassiers now

cers," said t
a haughty ai

brought him to

certain pliys

asking him ho

ance, the phy

from I

onined in tt

hief of th

A man toot

he could rec

transferred their favours to some other quarter, leaving
us at liberty to contemplate the havoc they had trade;
and the Duke of Wellington riding by, again addressed
our general with " Well, Halkett, how do you get on ?"

The general replied, " My lord, we are dreadfully- cut up ;
can you not relieve us for a litt:e while?" " Impossible,"
said the Duke. " Very well, my lord," said the general,
" we'll stand till the last man falls !" The next time elle
cuirassiers made their appearance in our front, the Life
Guards boldly lode out from our rear to meet them, and
in point of numbers they seemed pretty well matched.
The French waited with tie utmost coolness to receive
them, opening their ranks to allow them to ride in. As
they were so close, and we had nothing to do at the time,
we had a fine opportunity of seeing them, and were much
ed to find the Life Guards so good a match for them ;
wondered why they had not been led against them
in the day. It was a fair fight, and the French
fairly beaten and driven off. I noticed one of the
s attacked by two cuirassiers at the same
y maintained the unequal conflict for a
he disposed of one of them by a
. His combat with the other
bout five minutes, when the guardsman struck
slashing back-handed stroke, and sent his
inside it. The horse

pi.
and w,,

e or two, whe

n the thra

NORSE BURIALS

e distance,

way with the headless rider sitting erect in the
blood spouting out of the arteries like so many

fountain
G

—Recollections of Military Service.
:.—Just without the city gate, on
the Albaro road, is a small house, with an altar in it, and
a stationary money box, for the benefit of the souls in pur-
`-ry ; and, to stimulate the charitable, there is a mon-
'inting on the plaster, on either side of the
-presenting a select

party of souls, frying.
One of them has a grey moustache, and an elaborate head
of grey hair; as if he bad been taken out of a hair dress-
er's window and cast into the furnace. And there he is—
a most grotesque and hideously comic old soul—for ever
qstering in the real sun, and melting in the mimic fire,
'‘e gratification and improvement (and the contribu-
tions) of the poorer Genoese. It may be a consequence
of the frequent direction of the popular mind and pocket
• --„Is in purgatory, but there is very little tender-
^f the dead here. For the very poor,
' - "'nP angle of the walls, and

d door,

'or the bodies

•e are, immediately out

ad a jutt

it of the fortification, near the sea,
—one for every day in the year—

which all remain closed up,

intil the turn of each comes
When the better

ion of dead bodies

for its daily r

kind of people die, or are at the point of death, their near-
est relations generally walk off; retiring into the country
,g the body to be disposed
-ze from them. The proces-
,
_ usually formed, and the coffin borne, and the fu-
ral conducted by a body of persons called a confraler-
-17.0, as a kind of voluntary penance, undertake to
perform these offices, in regular rotation, for the dead ;
'-ut who, mingling something of pride with their humility,
dressed in a loose garment covering the whole person,
-ar a hood concealing their faces, with breathing
apertures for the eyes. The effect of this cos-
-hastly ; especially in the case of a certain
noa, who, to say the
and who look—

for a little change, and 1,
of,

nystiperintend

boles ar

longing to (

were ghou

HIP AT

glish c

n, capable of he

most su
. ....i,—

never can pc

Chinese I