Star.
London, England, 1801-12-25 00:00:00

WADDINGTON V. UPTON.

In this cafe the defendant contratted, in Novem-
ber 1799, to deliver to the plaintiff, before the r It
of November, 1800, the whole produce of 90 acres
of hop-land, he had then planted, at the rate of tot.
per ewe. or to forfeit sootl. For this fum the
action was brought, the defenda4 having refined
to execute his contrad.
Mr. Serjeant SHEPHEND rpoke at confiderable
length on behalf of the plaintiff, sand requelled the
Jury todiveft their minds of thole prejudices whi,h,
from certain unfortunate tranfaetior s,had been ex-
cited againft him; and to judge of this contrail
upon its own merits. He entered into a defence of
fore-hand bargains, infifting they were perfally
legal and nece.ffary in commercial fpeculations.
John Smyth was called to prove the contraet.---
He hated that he was a fubfcribing witnefs to it ;
hut that he did not fign it in the pretence, nor by
the direCtion of Mr. Upton ; he was ordered to
do fo by Upton's Clerk, by whom the body of the
contrad was written.
Here Lord ALVANLE v took oecafion to obferve
on the flovenly manner in which the moft folemn
deeds were often executed in this country. He in-
ftanced a cafe which lately came before him, of a
Mr. Cole, who had executed a bond for spool. and
after figning the names of two of his clerks, lent
it into the country, with no fraudulent intention,
it appeared, for he afterwards paid 5001. of the
bond; but, fiabfequent to his death, the holders
of the bond brought an aCticn againft his heirs,
for the gook remaining due, and on the exanii-
nation of one of the clerks before alluded to, this
fait came out. His Lordfhip added, that he un-
derftood it frequently occurred, that Waiters of
Inns, and other fuch perfons, were called upon to
witnefs the contraCts of perfons with whom they
were. utterly unacquainted. That he conlidered a
high mifdemeanor ; for, in cafe of the death of the
principal in Inch a contraft, how was it poffible for
the attending witneffes to prove the identity ?
The witnefs added, that from the time Mr. Wad-
dington came to Maidflone, the price of hops was
riling.
Mr. Randall proved the average price of hops
in November, tBOO, at from r5l. to r6l. per
cwt. and on re-examination, he ftated that the
growth of hops in the years 1798, i 799, and
iBOO, was not equal to the produce of one good
year, namely, that of 1794, or the prefent year,and
that 60,000 acres of land were devoted to the cul-
tivation of hops in this kingdom, of which 22,000
were in the county of Kent.
Mr. Sprang proved, that he fold the hops of the
Defendant, of the growth of 1800, at fittecn gui.
neas per cwt.
Mr. Serjeant BEST appeared on the part of the
Defendant. He explained the nature and tendency
of monopoly, and exhorted the Jury to confider
the queftion fully. It was manifcft the intention
of the Plaintiff was to defraud the Defendant, and
to exad an exorbitant price from the Public—to
purfue a kind of (peculation which was not con-
fiftent with morality or fair commercial praClice.
He trufted they would examine cautioufly the
claim of a man who appeared before the Court as
a convitted criminal, to leek the performance of a
contra& entered into for illegal purpofes.
The record of the conviCtion of Mr. Wadding-
ton, at Hereford, for foreflalling, was proved by
the Clerk of the Crown for that county.
Stephen Amherft depofed, that he had fre-
quently heard the Plaintiff fay, that he had made
large purchafes of hops, and that his objee was
to raife the price of that article. He was prefent
at a dinner at Woreefter, when the health of the
Plaintiff was wafted, as the " Saviour of the Hop
Planters." The Plaintiff was prefent.'
Jofeph Jackfon, formerly Clerk to the Plantiff,
Rated the converfations he had had with him re-
fpeCting the prirchafe of hops. He gencrolly
heard him fay, that he expeCted to mile the price
of hops, and for that purpofe made large put--
chafes—endeavoured to diffuade the Planters from
bringing their hops to market, and gave them
dinners every market-day to conciliate their at-
tachment. He alto crated a bank, called " The
Hop Planters' Bank ;" and upon a particular oc-
Ication, when it was reported that a quantity of
Fltmifh hops was imported, the Plaintiff bought
up 20,0001. wo• .h of hops at Maisleione, left the
panic of the Planters thould induce them to bring
their hops to market, and produce a deprefron in
the price, to the prejudice of his fpeculations.—
This Wands denied, on his crofs-examination,
that lie was dinnifkei by the Plaintiff for embez- '
zling money. He admitted the charge had been
made, but the real carafe of his delimit(' was his
having engaged in tome (peculations for the pur-
chafe of hops.
The Defendant'. Cafe being here doted,
Mr. Serjeant Ss F ?NIRO fpoke at fome length in
reply. The derenee, be laid, was highly dilhonour-
able to the Defendant, a, there was no doubt be
had made the Contrail with his eyes open. and as
he had taken advantage of the enhanced pree to
carry his Hops to market, and pen :he rioney into
his pocket. Had Hops fallen below i cl. ins in
price, there was every reafon to believe that the
Defendant would bate compellek: Mr.Waddington

to make good the Conti acct. He contended that
the record of Mr. Waddington's conv:aiun ought
not to prevent the Pl.tintiffs from gaining a ver-
dia, it-tar/Audi as Mr. Waddington had already
fuffered the punifhment of the Law for his offence,
and th it punifbmcnt could not, and ought not to
be carried any farther; added to which, the prcfcnt
Contra& was no past of the tranfaaion for wlti, ii
Mr. Waddington was conviaed, not being men-
tioned in the Record. The Contrail was on the
face of it legal—it was merely between Mr. W:lct-
dington and the Defendant, and had nothing to do
with any other cireumflancc ; and, therefore, ht.-
contended the former ought td4recover.
Lord ALVANLEY agreed with the Plaintlffs'
Counfel, that the Defence set up was by no means
honourable to the Defendant. After Isayr.g, ith
his eyes open, bound bin:kW by the prefent Con.
tract, he tholi&ht it highly probable, that if the
market price of Hops had Fallen below ten guineas,
that tlsePefenthnt in this Adinn might then have
been a Plaintiff, compelling Mr.Waddington to
pay for the Hops according to the price cant:faded
for. In fumming up the Evidence he ohicrec
that the Jury mull decide as to the dca-rce of credit
which was due to Mr. Jackfon, between whom an.l
Mr. Waddington there appeared to have been a
quarrel, and who had been difrriiired by the latter.
There could be no doubt, his Lordfhip obferved,
that the Contract was perfealy legal upon the free
of it, and it had been admitted to he fo by the
Defendant. The only qucflion for the confidera-
Lion of the Jury was; whether the Contrad was me
of that fort of bargains, for mukin:g of which Mr.
NVaddingron had been conviaed of a Niildemeanor,
in illegany endeavostring, by thefe bargains, to
enhance the price of Hops? And whether it wits
made within the time, within which it appeared by
the Record of conviaion, the offence of Mt. Wad-
dington had been committed ? If the Jury were of
opinion, that the prefent Contract was thus ren-
dered a part of that tranfaCtion,theContraa would
necetrarily be illegal, and they mull find a verdict
for the Defendant, as the Plaintiff could not leap
the fruits of his offence. If they were not of that
opinion, they would then find a verdict for the
Plaintiff's, either for the amount of the forfeiture, or
fpecific damages, reserving for the decision of the
Court the quetfion, whether the bargain being a
fore-hand bargain, was in itfelf legal or illegal ?
The Jury retired for about half an hour—when
they returned their places they returned a V eltilit
fur the Defendant, Rating at the fame time, that
having, in purfuance of the direction of his Lord-
'hip, taken the Record of Conviaion into confide.
ration, they were of opinion that the prefent con.
tract was rendered a part of the tranfaaion for
which the Plaintiff was convicted, and was there-
fore illegal. Being of this opinion, they relue'lantly
contented to violate a contract which was ;serially
legal in itfelf, and to find a verdift• for the De-
fendant.