The Sun.
London, England, 1842-06-17 00:00:00

DEMURRER.

Mr. EnLE—I appear before your Lordship in support of
this demurrer. The declaration recites that Thomas Fen ver
and Thomas Lewellin carried on business in partnership;
and were about to disssolve, and that Thomas Feaver
and Thomas Lewellin were much indebted to the firm
of Truman, llitchcoek, and Richard Lewellin. Thi.4
declaration, after reciting the partnership of Feave- and
Thomas Lewellin, and that they si ere about to dissolve,
and that Thomas Fearer and Thomas Lewellin were in-
debted to the defendants and others, and that a proposal
had been made to the "plaintiff to be a partner with
Fearer, and that Feaver and Crucknell should pay all
the debts of Fearer and Lewellin, and while the plaintiff
' was considering on this subject, and inquiring into the
state of affairs of Fearer and Lewellin, the defendant
falsely represented to him that he might safely enter
into the copArtnership ; and he brought a large sum of
money into the partnership, which has been wholly lost.
The second count recites the same facts, and state that
the defendants had been sureties for Fearer and
Lewellin fora large aindimt, and upon inquiry of them they
concealed the fact that they were sureties, and falsely
represented they were not sureties, whereby the plain-
tiff was induced to become partner with Feaver, and lest
all the capital which he brought into the concern.
Then the plea is, that after the cause of action had ac-
crued, Crucknell and Feaver, the new partnership, ha I
become indebted to the defendants, and to Nash, and to
several other creditors ; and that a proposal had been
made by Thomas Feaver to certain creditors at a meet
ing that if the creditors of the plaintiff and Fearer would
take I Is. 6d. in the pound on the amount of their respec-
tive debts, payable by four instalments, that Nash
would become security for the payment of the last of
such instalments. That proposal was made, and it was
the opinion of the several creditors that the proposal
should be accepted as soon as all the creditors of Cruck-
nell and Fearer acceded to that proposal, with a proviso
that there should be time for the creditors to express
their consent or not ; and also that in that agreement
should be contained a release to the plaintiff from the
claims of the said creditors of the said plaintiff and
Fearer. Then it states that before all the creditors had
come into this proposal—this Is the part of it that is ma-
terial—that before they had all agreed, William Nash,
who was to be surety for the fourth instalment, objected.
refused, and declined to become surety for the said instal-
ment, unless the plaintiff would forbear to take and never
thereafter would take any proceedings whatever against
the defendants 'William Hitchcock, Christopher Truman,
and Richard Lewellin, or either of them for cr in respect
of any cause of action, or any. right of proceeding what-
ever, which he then had against them or any of them,
for, or in respect of any cause of action, or any. right of
proceeding whatever, against them or any or either
of them on any account whatever, and would abandon
all such cause of action. Then it alleges that the
plaintiff declared, represented, agreed, and promised to
and with Nash, that if Nash would become security for
the payment by Feaver of the last instalment to such of
the creditors of Crucknell and Feaver as should be in-
duced to accept such composition of Ils. 6d. in the
pound in satisfaction of their respective debts, he (the
plaintiff) would forbear to take, and never would take,
any proceedings whatever, or sue the said defendants
and the said Richard Lewellin, or either of them,
for, or in respect of, 'any cause of action,
or any right of proceeding which he then
had against them the said defendants, and the said
Richard Lewellin' or either of them, on any account
whatever, and he declared that he abandoned, acquitted,
and discharged, the defendants and Richard Lewellin
and each of them therefrom. Then the plea goes on,
whereof the defendants and Richard Lewellin, and Nash
and the other creditors, had notice, and thereupon be-
fore
the expiration of the time allowed, all the creditors
of the plaintiff; and Feaver, except one Thomas Light-
foot, consented to accept the proposal and offer, the de-
fendant and Richard Lewellin confiding in the re-
presentation and promise of the plaintiff, and being in-
duced so to do by reason thereof. Then it further
alleges that Lightfoot, one of such creditors, refused to
come in unless he could get security for the three first
instalments, and upon that, the defendant and Richard
Lewellin agreed to become security to Lightfoot for the
three first instalments, and it alleges that they did that
with the consent and approbation of the other creditors
of the plaintiff, and of the said Thomas Fearer ; and it
alleges they did that confiding in the representations of
the plaintiff, and being induced to do by reason thereof,
they did this voluntarily. It then alleges that Nash se-
cured the last instalment to such of the creditors to the said
plaintiff and Thomas Fearer, as were induced to accept
such composition of I Is. 6d. in the pound in satisfaction of
their respective debts, being creditors, parties hereto of
the third and fourth parts, to the indenture hereinafter
mentioned. It then alleges that for that purpose Feaver
delivered the promissory notes, and that Nash indorsed
he promissory notes for the fourth instalment. It then
alleges that on the 14th of February, 1840, an indenture
was made between Thomas Fearer of the first paq, the
plaintiff of the second part, William Eyres the younger,
Samuel Eyres, and Joseph Byres, of the third part,
and the several other persons whose names and seals
were thereunto subscribed and affixed, being the de-
fendants, and the said Richard Lewellin and divers cre-
ditors of the plaintiff and Feaver, of the fourth part,
and the said Thomas Fearer and the plaintiff of the
fifth part. Then, after reciting those matters, it contains
a release by the creditors of the third and fourth parts,
those who should have executed to Fearer and Cruclc-
nell, of the debts due from Fearer and Crucknell to them.
The LORD CHIEF BARON—The plaintiff not being
one of these.
Mr. Baron ALDEnsoN—Yes.

The Loan CHIEF BARON—The plaintiff was not one
of tho f• signing it.
Mr. ERLE—He was party to the deed as the late part-
ner of Feaver. Your Lordships see Crucknell had
been induced to become a partner of Thomas
Feavcr, that was the cause of action, and, as we
allege, lost all his money, being induced to do so
by the representation of the defendant. Then, after
that partnership was constituted, after Feaver and
Crucknell, the new partnership, had got into very
large debts, then this composition arrangement was pro-
posed and come to on behalf of Feaver and Crucknell.
You see that is the line of the composition ; Crucknell
complains " I was induced to get into this losing part-
nership, and I have lost all my money. Then the de-
fendant says--" After you and Feaver had be-
come partners, and after you had become very
considerably indebted, a composition was proposed
to be accepted by the creditors of this new firm of