The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-08-23 00:00:00

PARIS V. CHAPPLE

was an action in which Charles j3igham P

recover compensation in damages for the breach of an
advantageous engagement into which the defendant, Fre-
derick Chapple, had entered with him, and which the
defendant, without sufficient and reasonable cause, had
broken. The plaintiff, the son of Dr. Paris, a physician of
eminence in London, and an author of several literary
works, who was now about thir

ty years of age, at ei

having completed his education in German-y; was appren-
ticed to Mr. Mongredien, a merchant, carrying on a large
bUsiness in Liverpool. He entered this gentleman's office
at a nominal salary. He remained five years with Mr.
Mongredien, and he then entered into bnsiness as a ship-
owner, on his own account, and afterwards, for a year and
a half, with a Mr. Priem. ' At the end of this period he
made an arrangement with the defendant, Mr. Chapple,
who carried on business under the title of " Vienna, Jones,
and Chapple," presenting advantages of which he was glad
to avail himself. An agreement was entered into on the
of September, in which it was contracted that the
of the defendant, as
nd should

plaintiff should enter into t
manager and clerk fora peri

devote, under the defendant's superintendence and direc-
tions, his best attention to the conducting of the business
and the house, and that the,defendant should pay for his
services a salary commencing at not less than 2200, gra-
dually increasing until, at the end of the seventh year, it
should not be less than £4OO. This was a minimum salary,
and there was an understanding, that, if the profits of the
• house increased considerably, there was to be a rise in
the salary, and, eventually, apartnership to be established.
The plaintiff, on these terms, entered into the service of
the defendant. The plaintiff had devoted a good deal of
time to the subject of correspondence, and was, conse-
quently, extremely well able to conduct correspondence.
The plaintiff entered into the service of the defendant on
the Ist of January, in this- year, and left on the 12th of
May following. Very early in the course of the engage-
ment the defendant had shown uneasiness for having
entered into the engagement, and ultimately intimated
that the plaintiff might leaver and on the 12th of May
peremptorily ordered his discharge. After a conversation
the plaintiff retired to the clerks' office, where he was
followed by Mr. Chapplk who, roughly placed his hands
on his shoulders, and said, " Get out of this." The plain-.
tiff refused to go out, under the circumstances, and the
defendant sent for a police-officer, who refused to take.
him (plaintiff) into custody. The plaintiff went away, ,
and had not since. returned. On the following day
he received a letter from the attorneys of the defendant..
The letter requested,the plaintiff not again to call at the.-
office of the defendant, but to consult his attorney, also.
stating that the plaintiff had shown himself to be incom-
petent to dischargothe duties of managing-clerk, and that,,
therefore, the defendant had put an end to his engage-.
went. It was attempted to be shown that the plaintiff
was incompetent: for his duties, and was discourteons.to
the defendant,. and also to his fellow-clerks. After two
witnesses had been called, intimation was given that an
arrangement had been come to. The pleas of incompe-
tency were withdrawn, and a special verdict taken for the
plaintiff, damages £3OO. His lordship said he thought
this litigatioa would end in mutual respect. The differ-
ence had really arisen from a misfortune with respect to
temper. The termination of the case was most satisfactory.

MORGAN. AND. ANOTHER (ASSIGNEES) v. MARQUIS
AND AMMIEB.—The plaintiffs are assignees to the estate
of W. J. Perrin, a bankrupt, and the defendants are
Messrs. Marquis and Baxter, commission merchants,
Liverpool;; and the action was brought to recover the sum
of ENO, being the balance of the value of 243,000 bags of
flour bought by the defendant for Mr. Perrin, the bank-
rupt!. Mr..Perrin, before his bankruptcy, was a member
of the firm of Moore, Wood, Brothers, and Co., and
speculated to a considerable extent on his own account, on
stares in flour. In March, 1852, he employed the de-
fendants to purchase a quantity of flour for him. He
shortly afterwards absconded, and the defendants re-sold
the flour, and deducted the amount of their account,
leaving a small balance for the creditors of Perrin. The
assignees sought to recover this amount, and a collateral
issue was raised that the transaction was a partnership
one between the defendants, Mr. Perrin and Mr. Shute,
and that Mr. Shute should have been included in the
action, and that the flour having been sold on the partner-
ship account, the plaintiffs could not recover. Verdict
for the defendants.

BEA.UGH AND ANOTHER (EXECUTORS) V. HORSMAN.—
This was an action brought by plaintiffs, the executors of
Edward Horsman, to recover a sum of £5OO from Mr.
John Horsman, the brother of testator. After the case
had been partly opened, a verdict was taken by consent
for the plaintiff, subject to a reference.
KEAY V. NicnoLs.—The plaintiff, Philip Henry Keay, a
coal merchant, residing at Eggbridge, near Chester, sought
to recover a sum of £4O from the defendant, Joseph
Nichols, a carrier, at Gaspel Oak, in the county of Staf-
ford, for injury done to a flat belonging to the plaintiff by a
collision with a flat of the defendant's, occasioned by the
neglect of the dofendant's servants. On the 15th of June,
the plaintiffs flat, the Morning Star, laden with slack, ar-
rived at what is called the Chemistry Lock, and whilst
there two boats came out that were in the lock. The
plaintiff's boat was on the proper side of the canal, at a
distance of about two yards from the bank, and there were
ten or twelve yards between her and the opposite bank.
The first boat came out of the lock and passed the plain-
tiff's boat without touching her. The second boat, belong-
ing to the defendant, followed at the distance of about one
hundred yards, and when she came out there was no one
on board of her. A boy who was standing on the bank
jumped on board, but, instead of going to the tiller, he
stood on the cabin, and the consequence was that the de-
fendant's boat struck the plaintiff flat on the starboard
bow so violently that it took three horses to extricate
them. The plaintiff's boat sunk, whereby a great portion
of the slack was lost, and the rest damaged ; and the action
was brought" to recover damages for the loss sustained.
Verdict for the plaintiff, damages, £l5 10s.
WILCOX AND ANOTHER V. SPENCE.—This was an
action on a breach of contract relative to the supply of
cordage, rigging, &c., to the ship Evangeline, which the
defendants refused to supply, unless an acceptance' of the
Messrs. Clint (owners of the ship) was handed over as the
goods were delivered. By consent, a verdict was taken
for the plaintiff for £156, leave being given to move for a
verdict to be entered for the defendant in the court above
—a demurer in the case to be argued at the same time.
ACTION ON A BOND.—THE GUARDIANS OF THE POOR
OP STOKESLET V. STOTHEIL—This was an action brought
to recover the sum of £l5O owing on a bond into which
the defendant had entered as one of the sureties to the
plaintiffs for Robert Neasham, lately a relieving officer to
the Stokesley Union. A verdict was returned for the
plaintiff. The court rose a little before seven o'clock.

SATURDAY.
(Before Mr. Justice Erie and a Special Jury.)
ACCIDENT ON THE LANCASHIRE AND YORKSHIRE
RAILWAY : CARATI, EXECUTOR, V. THE LANCASHIRE
AND Y0138511= RAILWAI Comn.—This Was an

TUESDAY,

action brought by t
tine Carati, a Grel

of the late Mr. Constar'
-nd broker, residing at
—cc ident, near
March last, to recover damages for Ins'
is loss. It appeared that the plaintiff
A 4-11 of

d by a railway

travelling on the de
March last. 1

__-,,ndants' railway, on the
train which left Bolton at 6 45• f_iTi".
-4-^“on the speed was increab

al, according to various witnesses, the tram ...- r,
at 40 miles an hour, and there. was great oscillation,
s 77 .vail
station "a sudden jerK ”7,
a " jumping motion," and tr.
ere heard and felt, and ti
,e off the line. After runt
ii,ll over , and he was severel y injured, and tab
- —ge in which the late illr. Corny.,
to the Manchester Infirmary, after soe delay.
tab"m
the
remained until the 10th of April, when he died from. ,
slue
injuries he had received. At the coroner's inquest sllue
aue
followed, Mr. J. Nasmyth had been requested to ex
the line, which he did with others. Some of t'
nkll
longitudinal, and the bolts taste a
- —"e some of them loose 1
9
There he

or three separate crashes w(
train was discovered to ' -
about 70 yards, the (

I sleepers wer

sed an inch—some so loose they could be pin op
the fingers. Many of the sleepers of the permant
were decayed. The chairs were spiked down on the
sleepers, and this mode of fastenhig had in soTecasfiesecisPo

cue sleepers, and the motion of the trains has
In other cases the rotting of the sleeperP7..d
one spikes loose. These spikes were driven er.!?
three or four feet, and were not an efficient fasten3.l%
From these causes the permanent tray was unsafe auclLtri,
gauge not maintained. The engine used was a ',is.
e, and one of the axles was broken. the
.Aeeled engines were safer, as if one axle were broken
engine could still go on. In the opinion of Mr. IS3s.rt
iII
40 miles an hour was not a safe speed with the
.11111101/
this state, and four-wheeled engines were PartLc... opi•
when a line was in this condition. in lac
nion, the train had run off the line from OF
lot being maintaimed, and the wheels of the ellgolo. of
between the rails, and not from the breei"l.l.r
axle. The fracture at the .axle had been vet,
A. Instead of being right across, a piece hen
.ently held on to the very last, and there was a blir rao'
appearance on the face of the adjoining parts of the
tare, as if they had been in attrition against et'a.„. °were
Many of the rails were loose. Four-wheeled engine%oro
'Netter where there were many curves on a line. 08e1,00
gay severe curves on this line. As evidence to s'
Tht to be awarded, it Was Pri°oo
—ca. earned on business ten or e teo
at Glasgow as a broker for export to a large les te
And Mu net income was estimated, by various witnes,
be frota £1,500 to £2,500 a-year, He had a wife o'4o
children living at Lytham, and had had a child boritf.„o,
his death and supported his father and mother at u6,g,
stantinopie. It also came out ink evidence that he au&
ported one Annie Brown, who hack children by f
to whom Ilk left £4OO by his will, and an annuity o

I wheeled erk

tI dan

.ges whichb OU,
apron aari fl

to his, wife:.
At this period the defendants offered: terms to the
ea pmt
tiff, tiff, which were accepted, and a verdict was taktakenbi
plaintiff—damages, £3,000, which were apportione
the jury—ls. for the deceased's father- and motherdro,
quarter to his Soltiow, and the residue to his three Chil,
There were fire other actions against the same
pany, arising ont of the same accident, which mere
arranged. In "Irritton v. The Company,7 a verdict, for
taken for £2,000. damages ; in " Pugh v. The Sane:n•ifl
calo v iv
£1,000; in "Sofiano et nx. v. The Same,': for x,
Sofiano v. The Same," for £lOO ; and in " Ray
for £1,050--heing a total of £7,300 dxmages•cor
Ford v. The Midland RailywaY „pia
iff's counsel agrLl'iori,

This plaintiff has died during assizes. 0.0
BATES V. STEAD.—This was also a special
The plaintiff, Joseph Bites, sued Walter Stead 14 L"i'cates
fully converting to his own use certain scrip Can. vs
belonging to the plaintiff. It appeared that, p" e°
the year 1845, the plaintiff was a wool merchant4ll,3tero
.A
and that the scrip in question was deposited as ring

,ecurity for a bill which was dishonotired, that
been given to the defendant by a person named S Ana
a commissioner, who was intimate with plailw''ols
who had bought goods front. defendant for hhuself Task'
•ni in Liverpool, trading under the name of Wl's?' q. rev
After the case had 4 been partly gone ill'°V-0(000,
diet was taken by consent for the plaintiff, damages

and Co.

subject to a reference.
„,e
EIOLDEN (ADMINISTRATOz) V. THE LANCAS.--t5 opi,
MIRE RAILWAY COMPANNY.—In this, a aPec As a°
a juror was withdrawn. The cause of action lc

AO
TONES v. ATTWOOD.—This,was an action -a.
peach of contract by the defendant, relative to the
i4OOO tons of railway from A verdict was re° dove
plaintiff, damages 405., leave being given too Moto
,list the amount should be increased to £6,400, the at°,,,,cl
Dl:damages alleged to be sustained by the defendant's brw-
oPoontract.

SEDRCTION BY A MEDICAL MAR : PRATT V. I).°ls;i'
—The declaration stated that the defendant dehai
plaintiff's daughter, who was deliVered of a child, vi'lleyot
plaintiff was deprived of her services, &c. The defe„
pkaded,,first, not guilty ; and, secondly, that what
he did with the license of the plaintiff. 111 r. E.-nowt:oe
stating the case, said the plaintiff occupied a tarn' °I re,
sixty acres, at Mirfield, in Yoriasliire ;he was also 01
sensed of some freehold. property,„and was the owe or
sonic boats, with which he traded on the canal. teethe
fendanC was a surgeon, carrying on his
profession 4
same place. He was fifty-five years of age, and, Div:,/
his position in life into consideration, it was net..,..prisr
thze the family should have ()sea confidence in bith
an4theY were under no apprehension of that which thef
0,
found afterwards to have taken place when the intiinad
between the defendant and the plaintiff's daughter bl
came well known. This was the plaintiff's young:!',4
daughter, and at this time she was about twenty-five 3f,';

of Hie. About tvrOyears—agO the plaintiff's wife was
I state of illness, which, subsequently, terminated ill
death ; and the defendant, who had. always been the 1'!".4
dieal, attendant of the family, attended the mother cillr,To
her illness, and in the course oft that attendance 1,,e,
young woman would tell them he began to pa3_:ent
j marked attention. He was in the habit when she
st
j to walk of watching her, and he saw her sometimesher mother's house, and there could be no great wonat
jthat when they considered this man was attending thel,,lo
a medical attendant. His attentions excited considers
j observation ; and when applied to on the subject, and
j it was mentioned to him, he intimated that his intex?v,uto
were those of an honourable 'nail,. and that he inteuile4ie
marry the girl. That being so, there was no great res2,',eir
Eon put on his visits. It was intimated to him that the
I positions in the world were somewhat different, for 00,
defendant, as a professional man, was considerablbter
vated above the position in which the plaintiff's ditscet
moved; but he paid no attention to this cirennArot
land on more than one occasion he mentioned to Sr h 0
' members of the family that he was about to Innkg;,,
wife. Taking advantage of the confidence repose...l"
defendant got the plaintiff's daughter in the faietise'
Before her confinement she removed to her sister's
vote
and the defendant attended her in her eanfiiineude ta.
Having thus briefly stated the ease, he should al.`,ofliefr
one of the pleas put on record.. Not content witiliteccall
ing on this unfortunate father one of the most
injuries that man can inflict on man; invading his hollf
if he might so term it, invading the sanctity of til3.,esg?,;
and debauching the daughter, he had with call'11"0.),r“to
deliberation added insult to injury, and put 011.,71.411,
plea which he (Mr. Knowles) would not trust 111,'
stigmatize with its proper: name ; that that whice
done, the dishonour which he bad inflicted, the pa's
had caused, and the infamy he had brought, were esse'l„:l
by the connivance of thefather himself, who was aefiS'7"
to his own dishonour. He said that the father
him to dishonour his own child. He believed it to :iptP,
possible. Of course, LE the plea were true, the
was unworthy to stand; court as plaintiff, and deters
no damages ; but, if it were false, and no attesPot e'
made to prove it, then it would add to the aal°34
damages which it would be their duty t,O give ail
Pratt, daughter of ,I)oseph Pratt, the plaintiff. - )1,
years of age. I have one sister and five brotbelile ae;
sister is older than.l am, and is married. I I,2°lrvatisil;,r°
fendant, Mr. John, Parker. He is a surgeon, P-deti °-
in Mirfield. Aalong as I remember he has 10011101 10
family. He is an unmarried man, and net 11!Ilsal
either side of fifty. My mother is dead since Alnlr'deat'
She had been unwell for three years before fre'
Mr. Parker attended her as a medical man, and °'s 1,6"
quently backwards and forwards at my fatber death -,
fore my mother's death. Before my house he
mailer spoke
sG
commenced talking particularly to me. Ile slit is tit4,,t
both in and out of the house, of marriage,ge. I ¢ythree years since he first spoke to me of ular'—'
~J
occasional, journeys with him. I well-t, open 3.•
has efig
married sister lives in Mirfield. Mr. Par""bscls• tbe
with me at her house. Since that time I have oj,
by Mr.. Parker. It was born on the 23d of Ypltlereg.
present year. I went to my sister's house to 15e11P,a at
I mentioned it to Mr. Parker when I found 10 40' be
CV e
pant; and be recommended me to go to be ,a se
my sister's. Mr. Parker attended pie. He tw,.hild I'l4.
would attend me before my confinement. Tile at. Ti
still-born. Mr. Parker continued to visit,. the 6,01
sister's until I recovered. After the birth ce 'ld he heo
asked Mr. Parker what he was going to do, tive oce
tohe dhoaswonitche
galicee•fl Ime 10s. °inv.
spokenhe woul d
ihuainv es
nneoet,li h
and
I wasfined. serf' A
in 1849 I was there a few dabrie in e, AD"
Cross-examined : Five years since llB4-' .64
I was only once in his service. I was e
3s
from home.
artangenoi.
The case had looteeded thus far when an the Plal-
was come to ; the plea alleging the license of
was withdrawn, and a verdict was taken for tne
damages 8100,
The Court rose at half-past five o'clock.
,AnSe4
while his houseNevr t

THER-c,
—4-IIIIHTION OF INDUSTRY AT MOSCOW WilS el iio
on the 7th instant. There were 568 exhibitors. opted
visitors were very numerous ; in one day they amo
to 35,000. _e the
A ComPLImENT.—The Russian Princesses ga2bv 00
Ministry credit for intending a delicate compliTe',i7you
review of Spithead. "How great," they say, ' vitici, Stu
allow that nation to be against whom you were alO fig
use this mighty armament." They regard curtsey
the Chesterfield of diplomacy, and they curtsa
acknowledgments for the leaders in the Times. for the
THOMAS CONNOR was executed at Baltimore a the
murder of Captain Hutchinson. The rope broke te siAg,
criminal fell to the ground, a distance of 25 feet. ate ot
taken up insensible. On the second trial the stren„ te.-
pt
the rope was tested and again broke. A third at
was made, and Connor was launched into eternitY• ligS
A TRAVELLING HOUSE.—A new sort of carriagi`, i 4 0
been constructed for the Orleans Railroad, France. ;‘,OlOl
complete hou-k, consisting of a drawing-room 'fur', -0
fift.),'
kitchen, and wine-cellar, with g aPParatus ; minal
bottles of wine ; in fact, apartments furnished eX7,Ajote
and comfortably. It was built under the ilum,7qcel
direction of the Comte de L—, and he can noW "-
"at home" from one end of Europe to the other. ,00-0-
TitE , an . .4
FINANCIAL POSITION OF AUSTRIA SOW- deficit
b,-
ward course since 1846. From that period the (1%1 igill
been in sterling as follows, namely :--g706,0?4;0_,6 iljn.
£4,511,064 in 1848, £12,190,580 in 1849, gp,„ inalial
1850, £6,222,363 in 1851, and £4,344,733 in 18°':,,e q
a total in six years of £34,461,260, or 0 os‘r-oabr
£5,743,610 per annum. There seems, also, every' P altull
C a spell
lity that the difference between revenue all
will be equally disastrous in 1663

SDAY, AU(

LOCAL INI

--,00.••-•

IL MEETING of ti

1 AC UILI
41f?, daY, Tuesda

ral Socie

1853,

UST 9`'

GENCI

Le Rolm:

TnE Hog. JAMES BUCHANAN, American minister tc
the Court of St. James's, arrived at this port on Wei
day, in the Atlantic steamer_
Tim PROTESTANT

Lo erc

of hofd.

TION OF LOYAL ORAN(

THE CHILDA
over to Rock erry on '1
day to their evident satisfa
View the Chinese jut
tea in the grounds a
LICENSED VICTC
1,..1,1 in4l,