The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-04-18 00:00:00

ALLEGED BREACH OF CONTRACT

ATKINSON AND OTHERS V. BLAKE AND OTHERS.—It
was alleged in the declaration of this case, that the defend-
ants had contracted with the plaintiffs to furnish them, at a
certain price, with 12,000 boxes of soap of a quality which
should be fit for the Jamaica market; but they had, instead
of sending soap of that quality, sent an inferior article,
whereby the plaintiffs had been damaged.
Mr. Knowles and Mr. Cowling represented the plaintiffs ;
Mr. Baines and Mr. Drinkwater the defendants.
The plaintiffs were merchants in the island of Jamaica, and
and in May, 1840, they made the contract refer! ed to, through
their agents in Liverpool, Messrs. Baring Brothers. The
defendants are soap manufacturers in this town. The evi-
dence, which was particularly uninteresting, related to the
quality of the soap shipped, from which it appeared that a
large portion of the boxes forwarded were unfit for the market.
The damage sustained by this part of the shipment was stated
to be between £3OO and £lOO. The plaintiffs had cancelled
the other part of the contract.
For the defendant a number of persons were called, who
stated, generally, that they were the parties who had made
the soap, and that the samples produced, which were said to ,
have been brought from Jamaica, were not the same which
had been sent out. The soap sent was fit for the Jamaica
market.

Mr. KNOWLES, in his reply, made some strong comments
on the effort to prove fraud against the plaintiffs, who, he re-
peated, were highly respectable men.
The trial lasted several hours, and it terminated by the
jury returning a verdict for the plaintiffs. Damages £4OO,
costs 40s.
The Court rose at ten o'clock.

NISI PRIUS COURT-MONDAY.

COLLISION

DAWBER v. SHAND.—The plaintiff in this case is Mr.
James Dewber and the defendant Mr. Wm. Shand. The
declaration stated that the plaintiff was possessed of a gig,
and the defendant of a coach or carriage ; and that the de-
fendant's servant had driven the carriage so negligently that
the plaintiff's gig was thereby injured. The defendant merely
pleaded not guilty.
Mr. Knowles and Mr. Martin conducted the plaintiff's
case; Mr. Baines appeared for the defendant.
Mr. KNowLEs, in stating the case to the jury, said the
plaintiff was a veterinary surgeon, residing in Liverpool, and
the defendant was a merchant in this town, of great respect-
ability, whose private residence was at Allerton. The action
arose out of a collision, on the 27th of June last, between a
gig which the plaintiff was driving, and Mr. Shand's carriage,
which was proceeding in a contrary direction. The plaintiff
was on his way from Liverpool to Allerton, on professional
business, and on the road there was a sharp turn which re-
quired care in passing. The person who was driving was
proceeding at an ordinary pace, a trot, and just before he ar-
rived at the corner he was met by the defendant's carriage,
which was going towards Liverpool. At that moment the
plaintiff was driving on the left hand side, and almost close to
the parapet; the carriage was being driven at a brisk rate,
and, instead of being on the other side of the road, as it
ought, it was very near the right. The two vehicles, conse-
quently, were very nearly opposite to each other. The de-
fendant's coachman, seeing the approaching danger, endea-
voured, as much as possible, to avoid a collision, and he par-
tially succeeded, but the hind wheel of the carriage caught
the gig, which was thereby upset, the shaft broken, and the
plaintiff's servant thrown out. Two ladies were in the de-
fendant's carriage, who apologised to the plaintiff for the ac-
cident, hoped lie was not hurt, and drove on. As soon as
the plaintiff found out to whom the carriage belonged, he
wrote the following letter to him :

" June 29

" Sin,—l presume you heard of the serious damage done
to my gig and harness, through the negligence of your coach-
man ; and I should feel obliged by your coming to my sta-
bles in Basnett-street to see the same, when I am sure you
will at once give directions to have them repaired."
. _

To this letter: the defendant sent the following reply :
" Stit,—l have received your note of the 29th instant, and
am glad to find you consider yourself responsible for the da-
mage done to my carriage by the gross negligence of the
person whom you have entrusted. You may see the damage
by calling at my stables, and you may give the necessary di-
rections to have them repaired as soon as you please."

. - . .
(Great laughter.) He (Mr. Knowles) did not know whether
Mr. Shand was generally in a facetious humour, but he hoped
he would pay for the damage, which, by the negligence of
his servant, the plaintiff had sustained ; and then he might
enjoy his jokes as long as be pleased. The sum claimed for
the damage to the gig W2S £5 19s. 6d.
Witnesses, who observed the accident from a field adjoin-
ing the road, were then called, and their evidence supported
the statement of the learned counsel. One of them stated,
that the mare in the plaintiff's
gig was as quiet as a lamb,
and might have been held by a thread.
Mr. BAINES then addressed the jury for the defendant,
and said he should prove that the mare in the plaintiff's gig
was wholly unfit to be driven, she never having been broken
and her mouth being unformed ; that shortly before the ac-
cident he was driving in a furious and careless manner, with
a lose rein, and that at the time the vehicles met, the plain-
tiff, perhaps unwittingly, pulled the wrong rein, and thereby
the accident took place. He contended that it had been
clearly
proved, by the plaintiff's own witnesses, that the
horses had passed each other, without coming into contact,
and that it was the vehicles which had struck each other ;
whereas if the carriage had been on the wrong side, the
horses must have first been in collision.
Witnesses were then called ' • at the end of which the jury
said they would not trouble Alr. Knowles to reply, as they
were prepared to give their verdict for the plaintiff. A ver-
dict was then returned for the plaintiff, damages £5 19s 6d.

ANSDELL v. M‘CORM/CK"
The plaintiff is an attorney in Liverpool, and the action,
which was undefended, was brought to recover £39 Its Ild,
the amount of a bill of costs. Verdict for the plaintiff for the
amount claimed.

ACTION AGAINST A TRUSTEE. •
OGDEN AND OTHER ASSIGNEES V. STONE.—This was an
action brought by Wm. H. Ogden, and Henry Wood, assig-
nees of William Robinson, an insolvent, against George
Stone. The declaration stated that the defendant was in-
debted to the plaintiffs for money lent, and upon an account
stated. The defendant pleaded that he was not liable.
Mr. Knowles and Mr. Cowling were counsel for the plain-
tiffs ; Mr. Baines and Mr. Martin for the defendant.
Mr. KNOWLES said the defendant was an attorney in this
town, and he had to allege against him that he had received
a sum of upwards of £BOO, which under the circumstances he
was not entitled to keep. The action was brought by the
assignees of the estate of Robinson ; and the sum in question
was the whole property of the man, so that if Mr. Stone was
entitled to retain it, there would not be a farthing left for the
general body of creditors. The question for the jury would be
whether the mode in which the £BOO in dispute had been
paid to the defendant was not a fraudulent preference. Mr.
Robinson was a shipwright, in Norfolk-street, near the
Queen's Dock, and, apparently, he did a good business, for
he employed, sometimes as many as twenty men and boys.
Between March, 1841, when he commenced business' and
the time when he ceased, about the end of the year, he got
into debt to the amount of £llOO, an amount quite independ-
ent of the debt, or the pretended debt, which it was said he
owed to Mr. Stone. In November he took the benefit of
the Insolvent Act ; and it was about then discovered that,
on the 25th of October, he had paid a sum of £872 to Mr.
Stone. It was said that Mr. Stone had lent him this money,
which was settled upon his wife, and he (Robinson) had paid
this money back to him ; now he (Mr. Knowles) should be
able to establish that this payment was voluntarily paid by
Robinson, and under circumstances which rendered it in-
valid according to the provisions of the Insolvent Act; in
otherwords, that it was a fraudulent preference. The learned
counsel then detailed the circumstances which appear in evi-
dence ; and called the following witnesses :
William Eden was the first called. He said lam an an-
chor-smith, and was formerly in the employ of Robinson,
whose works were near the docks. He commenced business
in March, 1841. He had a smithy there. I was his manager
and bookkeeper. I know the defendant Mr. Store : he is a
solicitor. In September, 1841, Mr. Furness's clerk called
two or three times to demand payment of a bill of from £lOO
to £l2O. There were many creditors, Mr. Gregson, Messrs.
Ashton and Naylor, and others who called often, some of
them two or three times a day. They continued calling till
the latter end of October. After the Bth of October Robin-
son wholly absented himself from the place, and I had to
meet him at different public-houses. About that time I
went many times to Mr. Stone's office, where I saw Robin-
son and Mr. Stone's brother. There were messages left
there for me where to meet Robinson. I remember a
Dutch vessel wanting a chain-cable. I went to Mr.
Wood's for it, and Mr. Wood objected to send it until
they 'sad seen Robinson, as the midsummer account was
not settled. I went to Robinson about the promised
payment on the 9th October; this was on the 7th. Robin-
son wished me to ask the captain for the money the day
after, but I (lid not like to ask him for the money so soon,
and I raised the money myself. The captain paid me the
money the week following. On the evening of the Bth I went
to the Earl Grey, public-house, to meet Robinson, to take
the money, along with other monies, to him. I had £3O or
£4O. The Earl Grey is nearly two miles from the works.
Mr. Robinson seemed much pleased with what I had brought
him, and he told me he wanted to realize a sum of money as
quickly as possible to pay Mr. Stone,
who was one of the
trustees under a deed of settlement for £BOO, which he had
made to his wife; he said the creditors had began to be so
infernally bothersome that lie should not come much more
near the place, for one of them, Mr. Keeler, had waited at
his house the night before till eleven o'clock to see him, and
he would take care not to be so caught again. This was all that
passed on this occasion. Previous
Robinson to allow the blockma-
little stoc,c for sale, as the foreman had com-
plained n_.
_Previous to this, about the latter
of the men having nothing to do ; he said,
the stock, I don't want any; I will give
endkers otfo Sme ;.) tkeemab
asked
e;d
nteoveirnne, d
you a reason for that bye and bye." The next meeting I
had with him was on the 11th of October, when he sent for
me to dine with him at an eating-house in Cable-street.
After dinner we went into a public-house adjoining, kept
by one Andrews, and be said to me there, " I want to have a
lil wish you to be secret. '
tI
itol el
dsehriimouisf ci°t twi vaesrsoafticoonnws•ei tghueyroitele;
I would rather not hear
it. He considered a few moments, and then said, " You may
as well hear it now, as you must ultimately hear it: I have
given a bill for £lOO to Messrs. Mather and Co., which will
fall due in a few days, but I do not intend to take it up, for
it will be as much as I can do to realize the amount wanted
for Stone." I then asked him what he intended to do ? I
told him there was a large amount owing by Messrs. Grote
and llatchett, and Hemingway ; he said, " I have got them
now in illy
to accept bills for that arciotult, and they are

pockei.' I remarked to him, that with the personal charac-
ter he had in Liverpool, it would be a great pity for him to
go to the wall without some effort or other; if he did not
like to do it personally, would he allow me to call on some
of the principal creditors, and make them an offer of 10s. or
12s. in the pound. He said " No, for what with the
amount owing, and what I can realize, I :Mall have very
very little more than what will pay the trustees. 1 have been
alvise,l what to ; I shall pay the trustees and no one else.
I shall then keep the shop open till some creditor comes in
with an execution, and then I shall get them to sign a release,
taking what is left." A day or two after that he asked me if
I could make room for bins to lodge with me, and his wife
and child would stay with her father, as he was afraid of some
of the creditors serving him with a writ and making him a
bankrupt, as the creditors:would cause him great annoyance,
and it would insure the payment to the trustees. This was
on the 18th of October. He said, if Messrs. Mather and Co.
came to inquire whether their bill was all right, I was to tell
them he was busy collecting money to take it up. He said,
that if the creditors would not sign a release, taking what
stock was left, he would take the benefit of the insolvent act.
On the 21st October I saw him again at Guest's public-
house, near St. Michael's Church. I had no money with
me then. About £3OO had then been collected, which I
had handed over to him. He remarked that I was low-
spirited, and he said, " Man, keep your spirits up, it's all
right." I told him I was placed in an unpleasant situation,
and I was tired of it. He replied, " Oh, it's all right, I have
paid the greater part of the money to Stone, and I have ar-
ranged with Stone to send me a note pressing for payment."
That note he said, by sheaving it to the creditors, would set
him all right with them if they made any bother. He had
been absent from the works all the time. In his absence
either myself or my son received the letters. I met Robin-
son many times in Mr. Stone's office about this time. On
the Ist sr 2d of November, Mr. Robinson desired me to go
to Shand's public-house in Wapping, and inquire the price
of the good-will and fixtures of it, as he had some inten-
tion of taking it : he said he would take the place if we
could get it moderate, and put his sister's name over
the door. He wished me also to write concerning a
smithy and buildings which were to be let in Norfolk-street,
and he would commence business in his father-in-law's name,
(Wm. Henderson,) or in my name, if I thought proper, and
give me half the business ; he would get £2OO or £3OO from
the trustees to stock the place; and he thought between the
two he should make a very comfortable living. On the 19th
December Mr. Southern fetched me to meet Robinson at a
public-house in Gradwell-street. Mr. Southern was an ac-
quaintance of both of us. Robinson then told me he wished
me to ask advice from some solicitor as to arresting him, for
he was afraid of some of the creditors making him bankrupt.
He said, I wish to take care of the stock, if possible, and if
you think proper you need not be particular about the
amount of your debt, for lie expected Mr. Furness in with
an execution the following week. Mr. Southern remarked
that we should want some money, to pay the attorney for the
advice. Mr. Robinson then gave me seven shillings in silver.
Mr. Southern advised me to go to Mr. Thompson, solicitor,
in Newington Bridge, and I went there; when I returned
from Mr. Thompson's I told Mr. Robinson that Mr. Thomp-
Fon could serve him with a writ by 2 o'clock. but could get
j leg,nent out the following Thursday week. He remarked that
would be too late, for Furness would go in before and seize
the stock ; but it would be time enough to save the sheds
and bu Dings, which would be a fine start to begin business
again. I declined having more to do with it. 1 believe that
Mr. Southern is now dead. There was a meeting of credi-
tors on the 21st December. Before that a great many arti-
cles had been taken out of the place and sold for less than
their value in order to realize money. Very heavy discounts
were allowed by Mr. Robinson in order to realize money.
Some carronades and their carriages were sent to Messrs.
Fawcett and Preston's, with a message saying that the cap-
tain would call to look at two more to match. This was he said
to satisfy a debt due to Messrs. Fawcett, for they were the only
creditors he cared about if he commenced business again.
lle told me to enter them in the day-book as if they had
been sent some weeks previous. Those carronades were re-
turned by Messrs. Fawcett to Mr. Ogden, one of the as-
signees. A meeting of the creditors was held on the 21st
December, at his office ; he came down there, and Mr.
Stone's brother with him. Ur. Stone's brother got a sheet
of writing-paper, and began making out a stock list. Pre-
vious to the creditors coming, Mr. Stone had left. I re-
marked to him, " Where is tour cash-book ? " and he re-
plied, " D-11 it, man ! have you no sense ? It will never
do to let them see that book, for poor Stone and me have
been hard at work all Sunday and Sunday night, making
up another for them." I then remarked about Mr. Stone
making out a stock list. Mr. Robinson said that 1 (witness) •
had had enough of annoyance with the creditors, and it was
better for Stone to make it out. When the creditors came,
and found what little was left, they refused to have anything
to do with him. On the Friday before, namely the 17th of
December, Robinson came down, unlocked his drawers in
the office, took down the files of invoices, examined them,
and, as he did so, kept tearing them up till the floor was
completely strewed with papers, and then he directed them
to be taken into the smithy and burnt. They were burnt.
On the Thursday following Mr. Furness put in an execution
and sold the whole of the stock; and Mr. Robinson gave
instructions to the auctioneer, in my presence, to sell the
furniture and hand the balance over to him. The whole sale
produced from £l5O to £l6O, of which Robinson got a balance
of £3B. The furniture was not sold there, but sent to the
auction rooms. Messrs. Trotter and Hodgkins were the
auctioneers. In the beginning of January, 1842, I had ano-
ther interview with Robinson at M'Kenzie's, in Duke-street.
He desired me to go to Mr. Stone's, and I did so the next
day. I saw the defendant, who said to me, "We want to
make a confidant of you ; but it will not do for me to be seen
in this matter, for Robinson wishes you to arrest him, that
he may take the benefit of the Insolvent Act ;" and if I
thought proper he would send me to an attorney. I then
left him, saying that I would ; and I advised with Mr. Ogden,
one of the assignees. Mr. Stone said all the expenses would
be paid. I was at this time a creditor for £26 wages, and £5
more for commission and money lent. I entered Robinson's
service in the beginning of August, and from that time up
to the Bth December he had paid none of his creditors except
small ones for £l, or so : sometimes he paid them £l, or so,
in order to keep them quiet. His debts at this time were
about £l,lOO. I went to Mr. Yates, solicitor, and gave him
instructions to proceed against Robinson, who was ultimately
arrested, and sent to Lancaster in May, 1842. He was re-
manded for nine months. I was present at Lancaster
when Mr. Stone, the defendant, was examined before Mr.
Commissioner Bowen. This was in July. Mr. Stone then
stated he had received the money on the 21st and on the 25th
October, 1841—in the whole, £872; that he had received it
in two payments from Robinson. He said he had received
it in money and bills. I do not recollect any thing further
that he said on that occasion.

Cross-examined by Mr. BAINES.—The defendant said to
the Insolvent Commissioner he was a trustee under Robin-
son's marriage settlement, and he produced the deed. He
mentioned that Mr. Henderson, and his late partner, Mr.
Kerry rra. were the trustees. HA stated that the trustees
had lent £BOO to Robinson on his warrant of attorney;
and that he found that that warrant had not been duly
filed. I will not swear that he said he considered that
if he did not obtain the money the trustees would be
liable. He said he had sent one or two notes to Robin-
son pressing for payment of the money, but I do not recol-
lect whether he said it was for the security of himself and
his brother trustees. I recollect him saying he bad incurred
some responsibility, but I do not know why. I considered
Robinson's proposals in the last three months of 1841 very
dishonest; and I communicated them to Mr. Ogden in
January or February following. I was not examined upon
them at Lancaster ; I was examined there only about the
sale and its proceeds. I cannot swear whether I stated to
the commissioner that the insolvent had told me he wanted
to realize a sum of money as quickly as possible, in order to
pay it to the trustees. I cannot swear whether I told the
commissioner what he said about the stock, or Mather's
bill. Was not asked the question. To the best of my re-
collection I told the commissioner that he said he would pay
trustees and no one else ; but I cannot positively swear whe-
ther 1 did or did not, I believe, but am not positive. I told
the commissioner that he said he was afraid of the creditors
making him a bankrupt. I did not tell the commissioner
that he had said if the creditors would not give him a release
he would take the benefit of the act ; nor did I tell him about
the note from Mr. Stone, which the insolvent said would set
him all right with his creditors. I did not tell the commis-
sioner that he said Mr. Stone would advance him £2OO or
£3OO to set up business again. I did not tell the commis-
sioner that the insolvent told me I need not be particular
about the amount of my debts ; or that I was to blind the
men. I did not tell the commissioner that the insolvent said
to me that lie and Stone had been up all Sunday night making
another cash-book, or that the defendant said, " we want to
make a confidant of you." I have never sent to borrow £l5
from Mr. Henderson, the insolvent's father-in-law. I sent
for it in the light of borrowing, as I was advised to do. I
did not get the money, nor did I expect to get it.
The witness was then cross-examined with the view of
testing the accuracy of his recollection of the dates to which
he had spoken. No one was present with witness at those
conversations with the insolvent, except Mr. Southeran, who
is dead.

Re-examined.—Mr. Robinson is present in court now. I
was examined at Lancaster by Mr. Venables, the barrister,
and I answered every question which he put to me. The
book prodeced is that which was made up by Mr. Robinson.
About £l6 or £l7 have been realized for the estate of Mr.
Robinson, and probably there will be 30s. more. I question
whether it will make so much as £lB 10s.

Edwin Eden, son of the last witness'-and also a clerk in
Mr. Robinson's service, proved that a great number of cre-
ditors were in the habit of calling there for money. but they
did not get it. Recollected the defendant's brother being
there. In October, witness took up some carronades to
Messrs. Fawcett with a message, that some captain would
call in a day or two to look out some more to match. Mr.
Robinson tore up the invoices, and told witness to burn them,
which he did. Letters used to be brought by the defendant's
clerk, witness's father, but witness did not know of any from
him to Robinson.

William Manifold, foreman of the blockmakers in Mr.
Robinson's service, also proved that creditors frequently
called ; and that he had prevented witness from adding to the
stock. This was in October. After that all their men were
turned away, except three. Mr. Robinson came to the works
very seldom afterwards.

Several witnesses who had called for debts, proved
that after the Bth of October, Robinson was not to be found
at the place; and that they had never been able to obtain
their money.

A clerk to the auctioneers proved that after selling under
the execution which had been put in upon the stock, the
household furniture of Robinson was sold by his directions
for £-10, which was paid over to him.
Cross-examined.—The furniture was not sold under the
execution. The sale took place on the 23d December, and
the money was paid over a few days afterwards.
A clerk to Mr. Furniss proved that his claim on Robinson
was for £l2O, for which the execution referred to was issued.
Mr. Thompson, the solicitor, was called, but he did not
answer.

This was the case for the plaintiffs.
Mr. BAINES then addressed the jury for the defendant.
The action, he said, had been brought against a respectable
attorney in this town to recover a large amount of money re-
ceived by him in his character of trustee; and an attempt
had, in the progress of the case, been made to mix him up
with Mr. Robinson, upon whom also it had been sought to
throw all kinds of obloquy. This was a very serious question
to Mr. Stone, and one at which it behoved the jury to look
with calmness, especially as by means of that unprincipled
witness Eden they were asked to believe that Mr. Stone had
acted improperly. He (Mr. Baines) hoped, however, before
the case closed, to show the jury that Mr. Stone had done
just as any other man would in the same situation. The
jury had not, as yet, by any means heard all the matters
which it was necessary for them to know in order to make the
case intelligible ; and, therefore, it would be his duty to till
up the meagre outline which the learned counsel and the
witnesses for the plaintiff had sketched. Mr. Joseph Wilfred
Robinson, it seemed, was about to be married in the year
1810. Before the marriage took place a settlement was ex-
pected, of which three persons were appointed trustees—viz.
his father-in-law, Mr. Henderson, Mr. Kenyon, an attorney,
now deceased, and Mr. Stone, the defendant, who was Mr.
Kenyon's partner. Mr. Stone was in no way connected
with Mr. Robinson, and he accepted the office of trustee
merely as an act of friendship, having been recommended to
it by his partner, Mr. Kenyon. According to the trust of
the settlement a sum of £BOO, then lying in the Royal Bank
of Liverpool, was to be paid to trusteess t for
rethceivee bentheefit, in
•
the first instance, of his wile;—she wao
i incaseof her d 119;
if
mßobinson
ez!t
terest to her sole and separate use ;
Mr.
was to be received by Mr. Robinson, and
became bankrupt or insolvent, the interest was to accumulate,
and in case both parents were dead, the children were to have
both the principal and the accumulations of interest. The
£BOO, then, was paid to the account of the trustees. There
wiw, he ought to mention, a proviso in the marriage settle-

rnent that, in ease the wife 6hould give a written authority '
to the trustees, they should be at liberty the sum of £BOO,
or any part of it, to the husband, he giving such security
as they should think right to take. The marriage took place
on the 30th of November, 1840. On the 27th of March,
1841, the trustees were applied to by Mrs. Robinson to ad:
vance £BOO to her husband, partly for the purpose of his
buying the goodwill of a public-house, which it was intended
that Mrs. Robinson should manage, and partly for the pur-
pose of helping Robinson in his own business of a shipwright.
The learned counsel here read the letter of Mrs. Robin-
son, and contended that it was an authority to them to ad-
vance the money strictly within the provisions of the trust.
The security, which it occurred to Mr. Stone to take, was a
warrant of attorney, which was executed by Robinson in
March, 1841. A warrant of attorney no doubt would have
been sufficient if a most inadvertent omission had not oc-
curred. Where a warrant of attorney was given as against
a person who was a trader, and he became bankrupt or in-
solvent, it was unavailing, and mere waste paper, unless it
was filed within a certain time, and in a particular manner.
About six or seven months after this instrument had been
taken, it was discovered that, by the merest inadvertence, it
had not been filed in the regular manner; and when Mr.
Stone found out that, it occurred to him that he was placed in
a situation of the greatest possible danger, having in fact been
advancing trust money upon security which was perfectly
valueless in case of insolvency or bankruptcy. As soon as
he made this discovery, he applied to Mr. Robinson, first
by word of mouth and afterwards by letter, in the most ur-
gent terms, to pay the money with the least possible delay.
Nrhat, indeed, could have been more natural than to apply
to the husband, seeing that the security which he thought
good turned out invalid ? Mr. Stone wrote two letters to
Mr. Robinson. The first was dated on the 16th October,
[the learned counsel read the letter,] in which Mr. Stone
informed him that the trustees considered the security in-
sufficient. Mr. Robinson promised to make a payment upon
the following Monday, but he failed, and the defendant's
anxiety, therefore, became very great. On the 19th Mr.
Stone again wrote to Robinson as follows :
" 58, Castle-street, 1841.

" DEAR SIR,—As you have broken your promise by not
making any payment upon account of the £BOO and interest
secured by the warrant of attorney, we are under the neces-
sity of informing you, that unless we receive payment of the
whole or greater part in the course of to-morrow, we shall be
compelled to proceed, under the warrant of attorney, to a sale.
This we trust you will see the necessity of preventing.—Yours,
respectfully,—KENYON and STONE.

A letter mare distinctly pressing for payment than this could
not have been written. Before he (Mr. Baines) proceeded
further, he would observe, that the money paid to Mr. Stone
was a boncifide payment, and in order to make it invalid, the
jury must be satisfied that the payment by Robinson was a
voluntary payment, and not the result of pressure by Mr.
Stone. If it was the result of pressure, there could not
be the least question that Mr. Stone was entitled to re-
tain this money for the purposes of the trust. After
these letters several interviews took place between Mr.
Stone and Robinson, and £672 were paid in cash and
bills in consequence of these letters. At that time
Robinson was indebted to the firm of Messrs. Kenyon
and Stone between £4O and £5O for law business, which
they had done for him; and, when this money was brought
to them, Mr. Stone reminded him of it, and it was agreed
that I'M should be appropriated in its liquidation. In reality
£629 were paid on account of the loan of £BOO and interest.
Still there were £2OO not forthcoming. Mr. Stone and his co-
trustee were liable for that ; and it would be found that
Robinson raised this £2OO by a sale of the stock and good-
will of the public-house. It was at length agreed that Mr.
Henderson, the co-trustee of Mr. Stone, who had sold it to
Robinson for £3OO, of which £2OO had been paid and £lOO
had been secured by a promissory note, should buy the
public-house from him again. This was done; Mr. Hen-
derson paid the £2OO, which went to make up the trust-
money of £BOO, and gave up the note for the £lOO which bad
not been paid to him in the first instance. In that way the
whole sum was accounted for ; and he contended that, if this
account was true, and he should be able to prove it, there
could not be a doubt of the defendant being entitled to a ver-
dict. After this statement the learned gentleman examined
at considerable length the evidence given for the plaintiffs,
contending that the testimony of Eden was altogether impro-
bable.

Joseph Wilfred Robinson was then sworn, and he said, I
commenced business as a shipwright in Liverpool, in March,
1841. I married on the 30th of November before, on which
occasion there was a marriage settlement, dated the 28th of
November, 1840. [The marriage settlement was here put in,
and the power read to lend the money.] On the 27th March,
1841, my wife applied to the trustees to lend me the money.
[The application was here read.] About that time I took
the Cumberland House Tavern, in Norfolk-street, from Mr.
Henderson, my father-in-law, and one of the trustees of the
marriage settlement. I paid him £2OO in cash, and gave
him a promissory note for £lOO. My place of business as a
shipwright was in the same street. I took the house on the
6th April. £2OO of the £BOO was invested in the public-house,
and the remainder was used to carry on my business of a ship-
wright. My wife was to carry on the public-house. I gave
the warrant of attorney produced as security for the £BOO.
[Produced and read.] Mr. Stone applied to me about the be-
ginning of September, for the £800; he had previously applied
for his own bill, which was £44. He said he was not satis-
fied with the security for the £BOO, and he should be obliged
to call it in immediately. The application was made to me
by Mr. Stone in his own office. He made several applica-
tions for it subsequently, and I told him that, as soon as I
could get money in, I perhaps should be able to pay him a
part. The witness here produced the defendant's letter to
him of the 16th October : it stated that the trustees had
determined to place the money on mortgage, and not on a
warrant of attorney, and requested him to pay the whole, or
a part, in the course of a few days. On the 19th of October
he received another letter, in consequence of which witness
called on the defendant on the 23d October and paid him
£672, composed of two bills, one of Mr. Grote's for £l4O
145., and the other of Mr. Hemingway for £258, and . the
rest in cash. The defendant, when witness took him this
money, asked for his own debt. 1 paid this money in this
way, £6OO towards the principal, and the rest went for in-
terest upon the £BOO. Mr. Stone wished the remaining
£2OO to be paid immediately. I told him I could not
give it him there and then, but if I sold the public-house
I might manage it. An agreement was entered into in a few
days, between Mr. Henderson and myself, that Mr. Hender-
son should take the house for £2OO, and return the promis-
sory note which I had given him for £lOO, which made up
the terms upon which I had, taken it. I had been carrying
on a good business in 1811, and at the time when this trans-
action took place 1 was not insolvent, nor had I ever thought
of applying to the Court. I called a meeting of my creditors
in December, 1841, and exhibited to them a statement of
affairs, which was prepared by Mr. Robert Stone, with my
assistance. I put down the stock at the cost price. The
plaintiffs were present at that meeting. I requested that the
statement might not bo away, but it was, and produced
at Lancaster. [The statement was lscro oducPd.] The
value of the stock therein described was £9OO. The stock
was put down at its cost price, and it chewed 20s. in the
pound, but the creditors declined to come in. Two execu-
tions were issued out ; I apprehended one from Mr. Furness,
and under that the stock was sold. Messrs. Mather had a
writ out at the same time. I was not arrested till May fol-
lowing. I went to live at Woolton because my wife had bad
health, but I came frequently to Liverpool, and was openly
to be seen. The witness Eden came into my employment
about August.—The witness then contradicted, seriatim, all
the statements which Eden had given in his evidence as to
the topics of their conversation at the various times and
places which will be found in his testimony. Nothing, in-
deed, could be more distinct and positive than his contradic-
tions. There was no arrangement, continued the witness,
between myself and Mr. Stone to pay the money ; and it
was very inconvenient for me to pay it. Ido not think that
the man Southern is dead. I never in Southern's presence
asked Eden to enquire the price of the fixtures and good-will
of the public-house. I never mentioned my sister's name at
all to them. I never gave 7s. to pay an attorney. I never
came to an arrangement with Messrs. Fawcett and Preston
to give them a preference, nor did I ever destroy any letters
or invoices. It was at my request that Mr. Stone's brother
made out an account of the stock. My property sold under
the execution was sold at a very great sacrifice. I never
sent Eden to Mr. Stone to ask him to arrest me. Eden
appeared at Lancaster, and he did not mention there a single
word of what he has said here to-day. I was remanded for
nine months unless the £2OO paid by my father-in-law was
given up to the assignee. I remained in prison nine months.
On the enquiry there, Mr. Stone said the reason why he
pressed for payment was, that he had neglected filing the
warrant of attorney. I never said to Eden, that if 1 could
only get the trustees paid I did not care a d—n for the rest
of the creditors.

Cross-examined by Mr. KNOWLES.—I came out of prison
on the 13th March last; and I have not begun business again.
I never gave any mortgage of my furniture and good-will of
the public-house. My debts in six months after I com-
menced bueiness were £1,059. There is no book to show
how that amount was contracted ; nor can I tell what amount
I paid to all my creditors together in that time. I paid
Furness himself between 410 and £5O, besides what he get
by the execution. I do not recollect whether Eden used to
meet me at different public-houses for the purpose of giving
me the money which he had collected. I never took Ma-
tiler's bill up, but I intended to do so, no doubt.—The wit-
ness was further cross-examined at great length.
William Henderson, father-in-law of the last witness, and
co-trustee of the defendant, said, he concurred with
the
defendant in his pressure upon Robinson for payment of the
money lent him. This witness went on to describe the ar-
rangement with regard to the public-house, as already stated.
In cross-examination the witness stated, that whilst Ro-
binson was in Lancaster Castle, his wife lived in witness's
house. Witness is now carrying on the public-house for his
own benefit.

Lawrence Driscoll proved the signature of the parties to
the marriage settlement.

Robert Stone, Superintendent of the Liverpool Corpora-
tion Schools, and brother of the defendant, said that up to
March, 1842, from the March preceding, he was assisting big
brother. Saw Mrs. Robinson sign the authority
to the trus-
tees to advance the £BOO. The witness also proved several
personal applications from the defendant to Robinson for the
£lOO. Referring to the evidence of Eden, he said that the
insolvent had asked him to assist him in making out a state-
ment of his affairs; and witness suggested what he should
enter in it from the receipts and memoranda which he pro-
duced. Robinson entered them himself in the book from the
rough vouchers that he produced. Witness did not do this
on a Sunday as represented ; and he had formerly been with
Mr. Crook, the accountant, 4 years.
Mr. Blackett, clerk to Mr. Rogerson, attorney, at Lan-
caster, proved that at the hearing of the insolvent the defen-
dant stated to the court his position with regard to the war-
rant of attorney.
Cross-examined.—Could not tell whether the insolvent
was remanded for diminishing his property, or for fraudu-
lently making away with it.

This was the def'endant's case; and on Mr. KNOWLES
rising to reply, _

.
The FOREMAN of the JURY said they were prepared to
give their opinion without troubling the learned counsel, if
that course were not irregular.
The JUDGE told the jury they must be perfectly satisfied
that they understood the real question. The question was
whether Robinson had been pressed for payment ; if they
believed that Stone had pressed and urged him, then Mr.
Stone had made out a sufficient case. _ _

Mr. KNOWLES.—My lord, and would not the question
also he whether he had paid in consequence of that pressure ?

The JUDGE.—Yes, certainly.
Mr. KNOWLES said so great was his respect for the opinion
of a jury that, if he distinctly understood they had made up
their minds, he would not trouble them ; but, not knowing
what their opinion was, he would go through the evidence to
show them, from it, that the payment had not been made
from pressure. The learned counsel then contested this
point at considerable length, and with great ingenuity, con-
tending that Eden's testimony was perfectly credible, and
that the marriage settlement was drawn up so as to enable the
insolvent to cheat his creditors.
The JUDGE, in summing up, told the jury there were three
questions for their consideration—whether Robinson had
made the payment,
and if he had, whether he had made it
with the intent of taking the benefit of the insolvent act, and
next, whether it was a voluntary payment.
The jury immediately returned a verdict for the plaintiff
for £782 ; damages 40

FOR A NEW .
POE DEM. TIDBETSMOTION AND OTHERSTRIAL v. Low.—This is an
action in ejectment, in the first or Salford list. It was tried
early in the assizes, and a verdict returned for the plaintiff!
Mr. MARTIN now moved fora new trial, on the ground
that the verdict was against evidence.
The JUDGE, on hearing an affidavit, granted a rule sisi.

RECORD WITHDRAWN.
Jo TrN fiTON E v MEYER.—This case was called on at a guar-
'er-Paut eeven ; when it appearing that the principal witness

was
drew not in atord.t,en,lance, Mr. Crompton, for the plainVE;
the rec

ACTION FOR. WO

D LABOUR

RAMPLIN AND ANOTHER, V. CASE AND ANOTEERe". :Ms
was an action for work and labour done, 2
Knowles and Mr. Crompton appeared for the plain,.
Mr. Baines, with whom was Mr. Martin, for the defenu,
The plaintiffs are architects in this town, and the defemlan,
are Mr. John Dcane Case and Mr. William Pritchard, of
Birkenhead.

in V. le 1 M

It appeared, from the opening of Mr. Knowles, that
defendants, with several other gentlemen, formed th
into a committee in the year 1637-8, for the purpose of
erecting a new church at \N oodside, where there existed a
great want of church accommodation. Plans were adver-
tised for, and the plaintiffs among other competitors sent in
theirs, which, as they alleged, were accepted; but, at a sub-
sequent period, the design was altogether changed, the re-
sult of which was the present handsome structure of the
Holy Trinity Church at N% oodside, by Messrs. Cunningham
and Holme. The plaintiffs, not being able to obtain any
satisfaction, were compelled to bring the present action.
They claimed to recover £i3 3s.
Three witnesses were called, at the end of whose testimony
Mr. Knowles said be could not carry the case any further,
and he would consent to a nonsuit.
The Court rose at half-past eight o'clock.
Seven cases remained to be disposed of, several of which
are expected to be of considerable length ; and as the learned
Judge must leave Liverpool to-night (Tuesday), for the
opening of the Term to-morrow, it is not unlikely that there
will be several rernanets.

etnselvet.

At the Warwick assizes, last week, a Captain Lampet re-
covered a verdict, with £5O damages, from a Captain Sea-
rauske, for an assault in the public parade at Leamington
Spa. The £5O has been handed over to a public charity.
The trial of Montague Clarke, for shooting at his stepfather,
the Rev. H. P. Bennett, took place at the Gloucester assizes
on Thursday, when the Jury returned a verdict of " Not
guilty."
A BLACKING MAKER'S WILL.—On Tuesday week Lord
Langdale gave judgment in the great will cause of Day v.
Croft. It referred to the extensive estate devised by Mr.
Day, late of the opulent firm of Messrs. Day and Martin,
the well-known blacking manufacturers. There are 75 parties
to the suit, and about 30 counsel have been engaged in it.
It has been frequently before tile Court. His lordship, after
recapitulating the facts of the case, stated that the parties
having agreed, he had confirmed the decision of the parties,
and the numerous annuitants under the will of the testator
might now come in and claim the beneficial interest created
for them, whilst at the same time the interest of Mrs. Day,
the testator's widow, of his daughter, Mrs. C. Claggett, and
of the Blind Men's Charity Fund, to which the testator be-
queathed the sum of £lOO,OOO, were all efficiently provided
for and protected. The question of costs was deferred.

THE SPECIAL COMMISSION.—From a parliamentary re-
turn just published, we learn, that the total sum already
expended during the late special commission amounts Co
£17,533 12s. 9d.: viz., £7,103 18s. id. at Chester and Li-
verpool, at each of which places the judges sat four days;
and £10,519 14s. Bd. at Stafford, where the judges sat 13
days. The various items of this expenditure were as follow :
—At Cheater and Liverpool, judges' expenses, £372 Os. Id. ;
judges' officers. £l6O 17s. ; fees to counsel and clerks, Lan-
cashire, £2,747 18s. 3d. ; ditto, Cheshire, £1,733 2s. 9d. ;
fees to solicitors and expenses of witnesses, £2,000. At
Stafford, the judges' expenses were £329 10s. ; judges' offi-
cers, £786 2s. ; fees to counsel and clerks, .4-1,091 14s. ; fees
to solicitors, £2,718 12s. 9d. ; expenses of witnesses, £1,979
17s. 9d. ; travelling and hotel expenses of counsel, solicitors,
&c., previously to and at the late special commission, £l3B
Is. 2d. ; sheriff, under-sheriff, and gaoler, £475 17s.

Steward's de:

artmen

st.—Brown, bed-room steward
'alter, boots; Read, captain',
servant ; Anson, baker ; Noel
arser's steward ; Isabella M`Gurn, stewardess.
A list r-

servant

saloon c

K: Eager,

~-...,
earn-packet Solwa

Dn Friday night at twelve

which took

I.m. of the 7th of April

'.O miles

westward of Corunna, viz. :
—tigers :—Captain and Mrs. Wentworth, three
chil-
an and servant ; Mr. and Mrs. Davies, three children and
servant ; Miss Crawford, H. Kieswitz, Mrs. Levy. H. P.
Thomas, Susanna Clark, Francis Savory, Mr. Geddes, Mr.
Sughrue, Mr. Adamson, Mr. Ancram, Mr. and Mrs. Pell,
Mr. Campbell, Hon. Mr. Dalzell, Mr. Watley, M. de Se-

iditto ; Mr. I

Mr. Car

sup o,
n.; Mr,

third
N. Irvi Irvi

ngineers.—Mr. Thomson, chief
. second ; T. IVl'Muthr;-

Mark Rawort

gineer : George An-
Joseph Robinson,

fourth

boiler-maker

A. Steadman, apprentice.
Seamen.—Smith, Taylor, Quartermaster ; Gappy, Fletcher,
a, Snelling, Lamb, Zrowning,oppreutice ; Richards,
r, Rose, apprentige ; Bell, carpeuter. Wonall, boat-
swain ; Gardiner, Hermer, Smith, quartermaster ; Davis,
Meshood, Nobes, Morgan, Read, Taylor.
Firemen and Coal Trimmers.—Whitakerßa, Wilson, Sweet-
rningham, Gallacher, Maddox, Coleman, llantine, M`Mil-
lan, Logan, Wallace, Robertson, Sinclair,
arrell , oJ. M'Lghln, T.
Sinclair, T. Ward, Ure, Frost, Cannady, D Ward

.
Stevens. Shepherd.
Department.—Mr
Rams(

Steward'g

bead steward

Kitson,

mpson

dpprentic
, Duncan, waiter ; Banks-
ship's cook ; Brown, second cook ;
Admiralty agent's servant ; Read. butcher.
N.B.—Mr. Gorcowira and Mr. Franks, passengers, stopped
at Corunna. ---••••••••

Harding,

Kirkup

keeper

waiter ; Pascoe

FOREIGN INTELLIGENCE,

AMERICA.
The British and North American royal mail steam-ship the
Columbia, Captain Judkins, sailed frm this
Halifax port on ton he 4th
h
ult. for Halifax and Boston. She arrived at
17th, and at Boston on the morning of the 20th, having
made the passage in 15 days and 12 hours. She sailed from
Boston on the 2d, and Halifax on the 4th instant, at night
and was off Holyhead on Saturday - o'clock

FREIGIIT.—On the date of our last report, a ship placed
for Liverpool with 4 to 500 bales engaged at id., and another
for Havre at 13c., full cargo. A brig was also taken up
same day for Liverpool at id., since then we hear of no tran-
sactions, except a few hundred bales in a British vessel for
Liverpool, the rate conditional. One or two Liverpool
freights on the market at td., without takers. We quote in
accordance with last engagements :—Liverpool 13-16 d.. in
British, and id. in American vessels ; Have lie. The
tendency downward.

" Corunna, April 8, 1843.
"Sir,—lt is with the most painful feelings that we. hasten
to acquaint you with the following very lamentable occur-
rence. The Solway bad left this port at about half-past
nine o'clock last night, with file weather, and-we were
entertaining every hope of her having a fine passage, after
the foul weather she had experienced from England, when
at six o'clock this morning we received the dismal intelli-
gence of her loss, at abont 20 miles trom this port. We
got up immediately, and went on board a French steamer,
which fortunately we had in harbour, and there we saw ten
individuals belonging to the Solway, who had brought the sad
news to Corunna, and who were saved in the gig. From them
we learned that the Solway had struck on a rock at precisely
12 o'clock ; that she filled so rapidly that in the course of a
few minutes they were obliged to take to the boats; that in
the confusion that ensued they were fortunate in getting into
the gig ; that they had seen two other boats leaving the ship's
side, but could not say what had become of them. We lost
not one moment in requesting the French commander to go
out with the steamer to render every assistance ; and he,
most readily acceding, sailed at about eight o'clock, with
Capt. Scott on board ; besides, we sent further assistance
with boats full manned, and messengers round by land. An
English brig being on the point of sailing for Liverpool, we
think it right to forward these lines.