The Sun.
London, England, 1813-01-22 00:00:00

LAW REPORT.

COURT O RiMa'S JAN.

I'SITILY.

ITOFLING, qui tam, v. COLLIER.
ThiA Wa6 a pemd action brought upon the Oa-
tut. of usury, to recover penalties to the amount
of 13,000/, and upwards, against the defendant,
for taking more than the legal interest of 01.
nor cent.. Ton the discount of certain bills of ex-

euan!.,e.
Tue Plaintiff was clerk to Messrs. Boyston .and
Byothers, timber-merchants, ;'s,=l .:,,Lrk-lane, and
the defendant ,a-eonsiderable inerciLlin..residing at
Plymouth: It appeared, on the part the plain-
tiff, that Messrs: B:Iston having had some cur..
respondence With the defendant,-relatice to con-
signments of timber, about the latter end of the
year lEllo:emitted to hint a bill of exch.nige for
15341. l7s sd. requesting that he would discount
it for them. Ile accordingly, the following post,
reinitted thein short
,bilk to the amount of 10001.
and the next post sent theist the boLluc, deduct-
* the ,regular. discount and t!te usual postage,
stamps, , &e. besides (u..i app,..Jteciirosin the ac-
count) an excess of inter,2st, atuounting to
-I/. 98.5 d. charged tinder the head of commission.. ,
Soon after ....`de-srs. Bt ystous transmitted to the
defendant other bills for discount, amotinttng to
::;04S1. 2s. 10d,„ upon which, there Was also an ex-
cess Of, interest charged (besides the usnal dis-
c;ount) postage, &c. of 131. 14s. 7d. under the like
heat! df" commission .
• Mr. To [Tim:, for the defendant, stated, that
in consequence of. sonic ditfertmee arising between
these parties, the defendantSeing under. the ne-
cessity of arranging his claims against Messrs.
Boystons, without any complaint pa their part,
or Any previous intimation, they had thonght pro-
per to authorise their clerk to bring. this action
against his client, in order to recover the enor-
mous penalties of, 30,0001. and upwards, npoii
transaction purely innocent, and perfectly fair on
his part, and to take out of the pocket of this re.„
spectable Gentleman that immense stun, Which
must, if recovered, involve hint and his family in
'utter ruin. The Learned Counsel then proceeded
to comment upon Inc account in. which the,,e
.Charges were made, anti to shew, that.they were
SO made with no reference whate‘er to any usuri-
ous consideration, but were the regular anti lair
charges of commission, as between the Merchant
in town and his correspondent in the country, and
which was the regattar and. established practice in
all such transakions,us would be proved in the
course of the evidence. Upon the first transac-
tion he had Charged a commission of one-fourth
per. cent. and on the second one-half. He then
cited, severaleases -from the bookS, where the
Court, particulittly Lord Kenyon, - had held that
country bankers were entitled to such commission,
and in some rases where 'evenn-a larger commis-
sion was allow' di for extraordinary trouble, &c.
Mr. TorPiNG having. concluded, the Forentanot
the'SurY,:addresSing..the .Court, stated, that the
Jury were: satisfied; and .Mr. ,Topping need not
trouble himself to go into evidence.
.Lord Ect.ctstaoatition,.--'',,, The evidenci .has
been opened fto you, Gentlemen, in the Learned
Counsel's lettett, and we must go into it.---{Tu
Mr. To pping.).7.-;Noti had better go into your, evi
dence; to Spew that this is their usual. mode of
diteling, otherwise a mini may Charge, under the
colour of commission, any rate of interest he may,
think proper." : •
The Clerk of the defendant who made up the
account, was then called, and pi oved the outgo,
ncr in which it. was made up, and that it was
usual in such transactions to charge a commission
. of one fenirth ,ond' a half per cent. 'exclusive of
the legal discount, .postage, -
Two respectable merchants were next called,
and, stated, that this; was thensual eharge4nade by
merchante,,and country hankers upon all similar.
transactions, except when there was a special
agreement taohc.contrary„ or, as matter of favour.
In some CWICS, according to circumstances, a
larger, conunission. was charged.
TheSotiorrott-CrENEit, made an able and elo.
Tient reply,
Lord ELLENItOROVGII-7,-“ This :is an action
I'ollllllo 01.1 the statute of usury, which was enact-
ed a considerable time ago, ninucly, in the 1,20
of Queen :Anne, and by statute, any profit
taken as interestheyond the interest of 51. per
cent. subjects the party to certain penalties ; they
arc certainly very severe, and upon the policy of
that statine it sloes not heeome me, in this place,
to eommant and dilate, ,AS' long as it remains a
law upon our statute books, you and I, and every,
subject of the realm, owe. it . obedience. I have
no particular favour for this statute, and I Know
tliore are nt my persons who have thought it rs nub!
not be inconvenient that, money should bind its
own level, like all other commodities, areoviling
to their rate and value hut the law says, other-
wise, and it is my duty and youe duty to enforce.
and give effect to that statute,: so long as it altall
contimte on out: statute hooks., , But, Gentlemen,.
although the law will not allow U party to
„take
more than tliciegalrintercst, yet it .has ,been de,
chichi that he -tinty be .-intienntified,,against certain
charges,.attendant ,on, this species of traffic, anti
may throw into the,average, the expenses of their
estatblislintitA 4,:t in the Case of -hunkers keeping
an office and clerks, etc. it beingundetstood4hat
it was only an indemnity, and to that extent it
was allowed ; but in the way of' collateral agency
and,profitr, thedaWdoes not allow it, indeiWthere
be-a'speeial exense' for receiving above: the tlfs..
count 'of at. per cent."
Mete iris'Lordship adverted to the charges for
cowntission in the defendant's account, anti con-
tinued .
, .
`k("Alleist:is enomisslon of one-fourth and one-
balf per cent. beyond the legal- hitereat, the
chnigesioir,puittuo, this not an advan-
tage 10,-:•this cannot be. alloweda4and
hoperraWris4o:rfeiteiL 11.. it it atilt is.ra tptestion
or you to decide whether this is nor taken accord-
tig tortioni-csUbititiog W14'1)1111 practice; but it
vitiate:4w .ovidelice befi*efiar of some special
charges warranting' such an itiderailatefiirr you
can decide in tliiricar7irwTrirttroown here
theSe.cintrges,
Htiltever,- it isitielif!'-,by, m'ho
been called before yon, that in every instance
-where are~article passed-through tbe-b -cs of a