The Sun.
London, England, 1801-12-21 00:00:00

honourable to the Defendant, as there was no doubt
he had made the Contrad with his eyes' open, and
as he had taken advantage of the enhanced price to
_carry his Hops to market, and-put the money into
his pocket. Had Hops fallen below iol. jos. in
price, there was: every reason to believe that the
Dcfeudant would have compelled Mr. Waddington -
to make good the Contrad. He contended that
the Record of. Mr.' Waddington's conviction
ought not, to prevent the Plaintiffs from gaining a
verdict, inasmuch as Mr;Waddington had already
suffered:the punishment of the taw for his Offence,
and that.punishment could not, nor might to be
carried any farther; added -to which, the present
ContraA was no part of the transaction for which
Mr. Waddington - was convicted, not being mcn-
tioned in•the Record, The Contrail .was on the
`face of it legal—it was merely between MT. Wad-
dington and the Defentfant, and had nothing to do
with any other circumstance, . and, therefore, he
contended the former ought.to.recov.ex.
Lord ALv,on.u. agreed • with .the Plaintiffs'
Counsel,, that :the Defence set 'up was by no means
honourable to the
_Defendant. , After having, with
his:eyee-,open, bound himself by the present Con 4
he. thOught .it highly probable, that if -the
market-price .of 'Hops had. fallen belOw ten guirkeasi
'that the Defendant in. this.Adion might then have-
been a, Plaintiff, compelling Mr; Waddington to
pay for' the Hops according to the price' contracted
fox. Iniimmming up the Evidence he observed
that the jury must-decide a to the degree of Credit
which was due to Mt. JacksPii, befv,,een whom and,
Mr. Waddington; there appeared to have • been
a quarrel, and whohad been dismiised.by the laver;
.There cold(' be no -doubt, his Lbrdship observed;
that the' Coinrad-wis .perfedly legalupon the face,.
.of it, :and it bad been admitted to -be so by .tW
•Defendatit. The only question for the consideration
of the Jury was, whether the .Contract was one of
that sort of bargains, fur Making of which, Mr.!
Waddington had been convicted of a Misdemeanor,
in illegally ,endeavouring, by these bargains, tdei
bance the price of Hops ? And whether, itihas made
within the time, within whichit appeared.by the.Re„
cord aconviCtiOn, the Offence of IVlr:Waddingion had
been committed:A If the Jury-were of opinion, that;
the present -Contract was thus rendered 'a part .of
that -transadion, the contrad ,wculd_cecessarily be,
- illegal, and they must, find a :verdiel for, the De-:.
Tendant, as the Plaintiff could not reap the fruit; of
his offence. :11they were not Of tlia6- opitiii)n, -they
ivouldthen-find a irerdid for. the Ptaiptiffs,either for
the =runt of the forfeiture, or specific damages;
reservtrig:fOr the deeisiOn of the-ctinrt the question,-
whether the: b.:LigAn' being 'a fore-) annargain, was
in itself legal or illegal ? ,
The Jury retired' for Bout half an'hourHwhen!
they resumed their places they: returried-Sverdidi
*fd'r. the-Defendant, stating- at;the tinie;.'that'
having, in pursuance of the direCtion of his Lord..
ship, taken the' Record'olCimi. idiciri into considera-i
-don, they were of opinion that the present coniratt.
was rendered a part of the transaition for which the
Plaintiff was convided, and was therefefe
Being of this'opinion, they reluEtantly consented to:
violate.a contras} which was perfeellyf iegal in itself,'
and to,find a vcrdid for the, Defendant.