The National Register.
London, England, 1816-12-23 00:00:00

THE NATIONAL REGISTER

LAW INTELLIGENCE.
COURT Or KING'S BENCH, Tinauomr, flit. 19.

Spreial Juries.
/PITTA C. CHAU MERT.

The plaintiff, according to the statement of the Attorney-
General, is a respectable young man of good connexion!,
who, retinas to f'orming a matrimonial connexion, was &luso-
otis to embark a capital of no inconsiderable amount in a
trade that promised to make a suitable return. Ile was at-
tracted by 1111 advertisement in a newspaper, which required
a partner iu a lucrative concern; but upon inquiry he found
that it would not suit his purpose. The introduction he then
obtained, however, brought hint acquainted with the defend-
ant, who for many years had carried on a prosperous trade
as a tanner of morocco leather, at Bermondsey. Chauniert
was at that time desirous of retiring from business, and pro-
posed to floc plaintiff, to engage in it, making it a condition,
precedent to the sale of the good-will, that be should join a
Mr. Roberts as a partner, who, though formerly a journey-
man at wages of 12s. a week with the defendant, had,
by the defendant's account, saved large sums, and was filly
capable of ;advancing a sufficient capital. The plaintiff liked
the proposal, and offered to lay down 4,0001. and to obtain
his lather's bond for three wore, provided Roberts would
also add T,OOOl. to the joint stuck. Roberts professed his
readiness, and the defendant gave repeated assurances that
lie had ample means of doing so. This statement afterwards
turned out to be untrue, and for the misrepreseutation the
present action was brought. It was agreed that the de-
fendant should lend the new partners, besides their own ca-
pital. 6,0001. at 5 per cent. taking rare, however, to obtain
2,0001. for the good•w ill of his business, and to compel the
plaintiff and Roberts to take a lease of the premises fur 50
years, at the rent of 2501. The payment of these sums he
secured by mortgage, and by a warrant of attorney to confesa
a jndgment. The arrangements having been concluded, the
plaintiff married, and the auto of 1,6001. was laid out in the
repair of the premises in Bermondsey. Some time after-
wards he was well surprised by a demand of 5001. by the
defendant, as a debt due to him from Robert, which Roberts
was unable to pay. The plaintiff discharged it, on an as-
surance that it was the last: but a short period had only
elapsed before a further claim of cool. against Roberts was
made by the defendant, who, it now appeared, had only in.
veigled the plaintiff into the partnership, that this capital
might satisfy the creditors of Roberts. Under such circum-
stances it could not be supposed that the business would be
successful : Roberts never had snore than 2,0001. in the world,
and that was swallowed up by his debts, so untrue was it Cs:it
be was able to advance 14 capital of 7,0001. The defendant
load not neglected to secure his own interests in all ways;
for finding that the trade, which had been very advantageous
to hint, was failiug, lee entered up judgment on his warrant of
attorney, took out execution, and was at this moment in pos-
session of the premises. As to the ineasnre of damages, per
haps no specific amount could be proved; but with these
facts before them, the jury would not deal out compensation
with a sparing hand.
A Mr. Butler was the first witness, but he only spoke to a
preliminary interview between Spitta, Clllllllleti, and Ro-
berts, in which a capital of 20,0001. was spoken of as neces-
sary for the businea : he heard the defendant say nothing re-
garding the means Roberts possessed of producing 7,0001.
Edward Roberts, the person with regard to whose circum-
stances the representation was alleged to have been made,
being put into the box, also denied that the defendant, in any
of the conversations, had represented that his (Roberts's)
affairs were flourishing, or that he could advance a capital of
7,0001. The defendant had never told the plaintiff any thin
upon the subject.
The plaintiff having no other evidence to establish the mis-
repre►entation, Lord Ellenborough directed that a tumult
should be entered.