Glasgow Courier. — 1861-11-14 (Glasgow, Strathclyde, Scotland)

BUCHANAN AND OTHBBN.  In December. 1q59, an action was raised by the 'Aqui dators against Walter Buchananof Shandon; Jas. Brown ttf William Brown &Company, Stockwell Street, Glee. gow; Andrew Buchanan, Doctor of Medicine, Glasgow; Cunningham Smith of Lewis Potter and Company, Glasgow ; William Hamilton, Esq. of Middleton ; and (Aeries Wilsone Brown, oil merchant, Glasgow, partners and registered shareholders of the said Western Batik of Scotland, and designed in the register of shareMadera o the said Bank, "Trustees for Mrs Ell n Brown, Glasgow," defenders; concluding for payment of the calls of £25 end £lOO per share on sixty shares standing in name of the defenders as above designed. They were trustees under the marriage contract of Mr Charles Wil. sane Brown and Miss Ellen Buchanan, and in November, 146, purchased with money belonging, to the lady sixty shares of th. West ern Bank at £B3 per 'bare. 'nosy were required by the Liquidators to pay the calls on these shares. Toeir answer may be gathered from their statement, No. 9 of the condescendence : . .  Statement 9.—The shares in question formed the whole trust estate, and the dividends thereon were regularly drawn by Mr C. W. Brown, as factor for the trust, and appropriated by him in virtue of his rights as bentficiaq under the bust deed. The defenders are not in po,s,.ssion of, nor do there exist any trust funds or estate wherewith to pay the sums concluded for. Answer 9. —Denied. The grounds of the Liquidators' claim are stated in their second plea of law, viz. . . . . • .  2. The faci-of the defenders being designed-in the Register of Shareholders of said Bank, " Trustees for Mrs Ellen Brown, Glasgow," and being such trustees, ha not the effect of creating in then favour any limitation on their liability asshareholders ; and their liability for the said calls is abolute and unlimited, as in a ques• lion with the pursuers; and the pursuers are entitled to decree against them as individuals, and conjunctly and severally, as concluded for. The important question of the permnal liability of trustees was thus rsised; and on Tuesday Lord Rinloch pronounced an interlocutor in favour of the trustees. The question is of great publ:c importance, and also affects a considerable number of persons still holding sharei of the Western Bank ; and it is not likely that the decision of the Lord Ordinary will be. final. _  The following is the interlocutor of the Lord Oidi• nary:— _  FAinburgh,l2th Nov., Ml.—The Lord Ordinary haying heard parties' proeutators, and made avizandum,aud consahned the closed record, procesa and productions, and in particular the joint minute for the parties, renouncing further probation on the merits of the case, repels the objections stated against the title and interest of the pursuers to insist in the present action: Finds that, by the terms of the contract by which the defenders became partners of the Western Bank, they did not undertake any personal liability, but that of trustees only: And finds that they are not liable in the calls now pursued for personally, but only te such extent as they may possess funds belonging to the trust-estate constituted in their name under the marriage contract of C. Wilsone Brown and Ellen Buchanan: And appoints the cause to be enrolled, in order to be proceeded with in accordance with these findings. W. PENNY His Lordship, in a note appended to his interlocutor, enters minutely into the details of the case, for which we have no room to-day.  In the Court of Exchequer on Monday an appeal came on from a decision Of Mr Temple, Judge of the County Court of Rochdale, who had refused the testimony of Mrs Madill in a case, on the ground of irreligious belief. '1 he Lord Chief Baron said the Court were agreed that the proceeding of the County Judge was right. rule appeal was accordingly dismissed.  A coachman, named Young, in the empby of a gentleman in Chester Terrace, Regent's Park, was found drowned in the water butt of the stables on Friday morning. It is said that he committed suicide in conscluence Of the excitement he was thrown into by the difficulty of finding his way about town with the carriage, he having only latelv Arrived from Ilfracombe.