The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1850-08-20 00:00:00

NISI PRIUS COURT.-THURSDAY.

ELDERTON V.WYCHE.—Edward M. Elderton, a soli-
citor, of London, was the plaintiff, and Thos. A. Wyche
the defendant. The plaintiff sought to recover a sum of
£lOO for filing a bill in Chancery at the instance of the
defendant and another gentleman. The defendant was
connected with the Salvage Company, whose object was
to work Austin's patent for recovering the wrecks of
vessels, and it was out of the proceedings of that com-
pany that the present claim had originated. Several wit-
nesses were called for the defence, to shew that the de-
fendant had not rendered himself liable. Verdict for the
plaintiff for £57.
A SHARE TRANSACTION.—FORSYTH AND OTHERS V.
WARDELL.—Mr. T. Forsyth, and the assignee of M. L.
Pritchard, his late partner, now a bankrupt, were the
plaintiffs, and T. Wardell the defendant. The action was
to recover the price of thirty-five railway shares, which it
was alleged had been purchased by the plaintiffs from the
defendant, but never delvered. The principal witness
was Pritchard, the bankrupt, who deposed to the thirty-
five shares never being delivered, but on cross-examina-
tion admitted that during November and December, 1844,
a number of new and old shares was delivered on the
plaintiffs' account. He was also asked several questions
with a view to show that from the inaccurate mode in
which his accounts were kept he could not speak dis-
tinctly to the delivery or otherwise of the particular
shares in question. Several other witnesses were called,
but their evidence failed to throw any additional light on
the matter, and ultimately the plaintiffs were nonsuited.

LIABILITY OF RAILWAY SHAREHOLDERS.—THE BIR.
ICENHEAD, LANCASHIRE, AND CHESHIRE JUNCTION V.
HUGARTY.—In this action the plaintiff sought to recover
from Mr. T. P. Hugarty, of Manchester, a shareholder
in the company, an amount of about £lOOO for calls al.
leged to be due on the 10th February, 1849.—Mr. Martin,
in opening the case, stated that a question would be raised
whether or not a call made payable by instalments was a
valid call or not. He referred to
.a decision lately given
by Baron Parke, at Chester, in "a similar case, to the
effect that the first instalment was recoverable, but not
the second.—Evidence was produced showing that the
defendant was a shareholder in the company, and that
calls of £lO per share had been made.—Mr. Atherton,
for the defendant, submitted that the £lO per share was
not payable in one sum, and at one time, but in different
sums and at different periods, which was not in accord-
ance with the language of the act.—His lordship express-
ed himself in favour of the validity of the calls ; and a
verdict was returned for the plaintiff for £lOOO, with li-
berty to the defendant to move.
THE LONDON AND NORTH-WESTERN RAILWAY V.
M`MICHAEL.—This was a case in which the circumstances
were similar to the last, the company seeking to recover
from the defendant, who is a shareholder, an amount
alleged to be due for calls. Verdict for the plaintiff for
£ll2 16s. Bd., with interest £l2 Gs. Bd., the defendant
being allowed to move as to the amount of £5O.
KEARNE V. BRISCOE.—George Kearne, the plaintiff, is
a sprit merchant, carrying on business at Liverpool, and
the defendant a farmer, residing at Ince. The action was
on a promissory note for £22 Gs. 6d. made by the defend-
ant. A witness named R. A. Robertson was cailed, whose
evidence was of such a prevaricatory character, that his
lordship ordered him to be detained in gaol until the fol-
lowing morning. A verdict was returned for the plaintiff
for £2l 6s. 6d.

GIBBS V. YATES.—The plaintiff. William Gibbs. is an
eating-house keeper in Liverpool, and the defendant,
Thomas Yates, an estate agent. The action was brought
to recover a sum of £25, alleged to be due from defendant
to plaintiff. From a statement by Mr. Martin, who con-
ducted the plaintiff's case, it appeared that on the 30th of
May last the defendant and a person named Howell went
to the plaintiff's house. Howell said he was a clerk in the
office of Messrs. Watson and Webster, who are highly
respectable solicitors in this town, and added that they
were directed to sell a house at Everton for £540. Yates
said it was a bargain, and advised the plaintiff to make the
purchase, and, on his recommendation, the plaintiff agreed
to buy the house ; with that object he placed in the hands
of Yates £25, for which a memorandum was given. Oe
the following day the plaintiff altered his mind, and com-
municated the tact to the defendant, who, however, made
an excuse as o the re' urn of the money. The plaintiff
being unable to get it, brought the present action for its
recovery. Mr. Atherton. for the defendant, contended
that there had been no attempt to impose upon the plain-
tiff. Howell offered to sell the property for a gentleman
named Wainwright, and it was agreed that he should
have £lO as commission for his services. The transaction
was a bona fide one, and all the difficulty had arisen in
consequence of the fickleness of the plaintiff, who had
changed his mind after entering into a contract to pur-
chase. Howell received £lO as his commission; and,
after deducting Messrs. Watson and Webster's charges,
amounting to £3 10s. 2d., there would remain £ll 9s. 10d.
which had been paid into court. The Judge said that it
was well that actions of such a kind were occasionally
detected, as the defendants came to court and exposed
themselves, and the public were thus put on their guard.
The Jury, without hesitation, found a verdict for the
plaintiff for £lO.

CROWN COURT.—FnmAy

The following sentences were passed

Thomas Gordon was sentenced to twelve months' im-
prisonment, with hard labour, for stabbing Wm. Prichard.
James Booth Pearson, who had pleaded guilty to steal-
ing letters from the Postoffice, the property of his em-
ployers, was sentenced to six months' imprisonment.

Thomas Martin and Thomas Cheadle were indicted by
the guardians of the poor, of Barton-upon-Irwell, near
Manchester, for forging voting-papers at the election of
the guardians for the poor. His Lordship said that the
case was one of considerable importance, and that he
would take time to consider, and give his judgment here-
after. The prisoners pleaded guilty, and expressed con-
trition for the offence.
William Brown was indicted for having, on the 10th
July last, feloniously assaulted Alice Thornely, a girl
under ten years of age. The jury retired for some time,
and on their return found the prisoner not guilty.
Joseph Ingham, of Oldham, was charged with stealing
a horse which he hired on the 22d May, from Mr. Brad-
bury, of the Black Swan, Oldham, on the pretence that
he was about to go to Saddleworth he did not return on
the day that he stated he should, and having been traced
to Bolton and Manchester, he was apprehended at the
latter place, where it was found that he had offered the
horse for sale at a livery stable, and had borrowed £2 upon
it from the keeper of the stable.—He was sentenced to be
transported for seven years.
_ _

Mary Murphy, Elizabeth Wilson, and Mary Ann
Ryder, were charged with stealing a watch and 15s. from
John Longshaw, in a lane near Newton, on the 7th
June ; and they were also charged with receiving the
watch knowing it to have been stolen. The robbery was
committed by three men, who were subsequently appre-
hended in a third-class railway carriage, by two detective
police-officers ; and the watch was said to have been
handed from these men to the three prisoners, who passed
it from one compartment of the carriage to another, until
it was at last secured by the policemen. The evidence
did not satisfactorily establish these facts, and the pri-
soners were discharged.
James Smith, who was proved to- have been asleep in
his cart, at Leigh, while the wheels passed over and mor-
tally injured a child, at Leigh, was sentenced to be
imprisoned for a fortnight.
Thomas Lancaster, for cutting, and wounding Henry
Holden, at Manchester, with intent to do him grievous
bodily harm, was sentenced to be imprisoned for nine
months.

Noah lanes, found guilty of forging two orders for
ironmongery—one upon Mr. Fullerton, ironmonger, of
Port-street, Manchester, and the other upon Mr. Friar,
Salford—was sentenced to six months' imprisonment for
each offence.