The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1849-08-28 00:00:00

THURSDAY.

CLAIM BY A BANKING COMPANY.—BELL P. 0. v.
TALBOT.—The plaintiff was the public officer of the New-
castle Joint Stock Banking Company, and the defendant
Earl Talbot. The action was on two bills of exchange,
one for £2,000 and the other for £2,119 10s. drawn by a
person named Gisburne, and accepted by another named
Edwards. It appeared that in 1845 a company of adven-
turers was formed in London, with a view of contracting
for the purchase of a large estate in Belgium. The spec-
ulators consisted of a Mr. Gisburne, Mr. Gillon, and
others, the defendant, then Lord Ingestre, having a large
interest in the adventure. Large deposits being neces-
sary, and the parties not having money to proceed, they
drew bills, one upon another, which they got discounted
on banks in various parts of the kingdom. Gillon, one
of the persons above named, having large collieries in the
North of England, and an account with the Newcastle
Bank, gave several of these bills, (two of which form the
subject.) to the bank, it being understood at the time that
Lord Ingestre would guarantee their payment. Subse-
quently the bills became due, and were dishonoured.
Application was then made to Gillen, and others, but as
they failed to afford any satisfaction, it was alleged that
the defendant, upon whose security or guarantee the bills
had been taken, became responsible for their value. The
case had been previously brought for trial, and delayed.
owing to various circumstances.—His Lordship directed
the jury to return a verdict for the plaintiff in all the
issues, with liberty for the defendant to move in the
court above to enter a verdict on the 3rd, sth, 6th, and
7th issues, if the plaintiff elects to be nonsuited.
LIABILITY OF A BANK.—TOMLINSON AND OTHERS,
ASSIGNEES V. SMITH.—This action was brought to
recover the sum of about £2OO, the amount of commission
made by the defendant for the sale of cotton. The plain-
tiffs in this case were the executors of Messrs. W. Rose
and Co., who formerly carried on the business of general
agents. and the defendant, against whom the action was
brought, was only a nominal one, representing the Bank
of Liverpool, the real defendants. In October and No-
vember of last year, two cargoes of cotton were consigned
from New Orleans to Messrs. Rose and Co. Before,
however, the cotton arrived, they became bankrupts.
The bill of exchange and lading of the cotton were taken
up by the Bank of Liverpool, having been sent to them
by the Canal and New Orleans Banking Company. The
cotton was handed over by them to Messrs. Hodgson and
Riley, cotton brokers, who disposed of it at a great ad-
vance upon its original cost. It was, therefore, for this
advance which had been obtained, as well as for some
excess of commission, that the present action was brought.
It was contended that the Bank had aright to charge as
much commission as though they were merchants. The
jury, after about three-quarters of an hour's absence,
found for the defendant.
TURNER AND ANOTHER V. THE TRUSTEES OF THE
LIVERPOOL Docxs.—Mr. Martin made his opening ad-
dress in this case ; but it was postponed until Friday. It
has reference to the Barton, Irlaw, and Higginson bank-
ruptcy.