p.2 Strange Transaction - The Canadian schooner Edith, which was sunk in Niagara river in November last, has been raised, and we learn by a despatch to Captain Bagnall, Insurance Agent, of this city, that she was found with four three-inch augur holes through her bottom. The Edith was well insured, and it looks very much like an attempt to sell her to the underwriters. The matter will be duly investigated. [Buffalo Commercial]
The Case of the Steamer City of Hamilton
Toronto, Jan. 15th, 1856 - The Court met this morning at half-past nine o'clock. The Hon. W.H. Draper, C.B., presiding Judge. R.B. Denison, Esq. Associate.
Lays et al vs Nelson et al.
This was an action on three promissory notes for 1,600 pounds, which notes were given by the defendants (eight in number) in part payment for the steamer City of Hamilton. Seven of the defendants admitted their liability, the eighth put in pleas to the action.
H. Cameron, Counsel for the plaintiff. G.H. Phillpotts, for the defendant.
G.B. Holland - Donald Bethune & Co. were the owners of the steamer City of Hamilton; they sold her to the defendants; this note is one of the notes given in payment; the endorsement on the back is the endorsement of Bethune & Co.; Mr. Stewart made the purchase in his own behalf, and for the defendants under power of Attorney; the note now shown me is one of the notes given, and is for 1,000 pounds, and I have no doubt it was signed by the same authority as the others.
Mr. Burns acted as the professional adviser of the Company.
Mr. Burns - I was professionally engaged in behalf of Bethune & Co. in the sale of the steamer City of Hamilton; I advised that the authority under which Mr. Stewart acted was sufficient.
Mr. Holland, recalled - Mr. Stewart paid 100 pounds down.
To G.H. Phillpotts - I am Agent for Mr. Kirkpatrick of Kingston. Was instructed to defend this section, and not to admit anything.
The plaintiff being unable to prove the power of Attorney, owing to the absence of the subscribing witness, and not being in a position to give secondary evidence, consented to a nonsuit as to the defendant Shaw, and a verdict against the other defendants for 1,633 pounds 17s 1d.
Jan. 23, 1856
Jan. 24, 1856