Star.
London, England, 1806-11-27 00:00:00

LAW

.1

* CONTiIIbATION VItoM TOIL PRICIII76IIIO PACE.

COURT OP COMMON PLEAS, NOV. 25.
rascal V. OVNN.
Thiseafe WRITITgOCdte-day mot point of law refer?.
e.. 1 on the trial had befr.re Sir J. Ma matid.o, whoread
tbe minutes; from which it appeared that the Plaintiff
woo tenor, living in the neighbourhood of the De
fendent, who fent for him to take the rneafure of a
yntini man under age, whole name was Kates, his
deer; in cenfequence of which the Plaintiff had a
fait of clothes made for him accordingly, which the
Plaintiff's journeyman carried to the Defendant's
hoof', stud delivered to the young man,in themefence
of the Defendant. In a [port time afterwards Kates,
the perfon who gat the clothes, ran away from the
Defendant, who was a gardener ; on which occafion
was heard to fay that he wrs'extremely lorry for
it, al he would be obliged to pay for a fait of clothes
ttich Kates had on his recommendation, and for
which he had paled hie word. It alto appeared that '
the Plaintiff laid, on hearing of the young man's rim-
ning away, that he was fele, as he could fue the De-
fendant, who became his (cattily.
The Learned Judge then obferved. that this was
the foirliancecf the evidence on the trial; from which-
it did sot appear that the Defendant bad, in the fiat
inflanee, promifed to pay the price of the clothe,.
which amounted to 61. Ss. On the contrary, these
was enough to thew, even front the words of the
Plaintiff Ifinfelf, that he only breams collateral
['celerity, which. under the circumftances of the cafe,
end the Statute of Frauds, did not fubjed him to the
debt. He had therefore left the words to the jurya
after having endeavoured to imprefe on their minds
the dittiattioa between an original contraftor and col-
lateral feeority, giving it et the fame time as his opi-
nion, in point of law, time, if they could not elisblifit
the faft of an original courant on the part of the Ite-
I"endant, they ought not to bring in a verdia for the
Ptsintif. The jury bad, however, from the prevail-
ing prejudice that a tradefman ought tote paid at
ad events, found their verdia for the plaintiff, con•
waty en what be conceived to be the law of the cafe.
On this leound, Mr. Serjeant Cocaina moved fen.
a new fait, end was oppofed by Mr. Serjeant Soar•
ass., who argued for fonts time on the nature of
shit-leaf contrails and collateral feeur.ty, which her
diltinguifited with great judgment, and concluded
With an inference that the defendant was, in confe.
4ttenee of !mein fem for the tailor, and recommend.
ed his friend, a debtor ei
• Sir anis Mansetsue recommended it to the
ialle his debt
whim' cods, which was
SS. •
• MISIII-ovanvisorrie V. aticerea.
This cafe had been tried by a special Jury, who
[bend a verdia for the Plaintiff. On a point referr-
ed, Mr. Serjeant Wtstions applied to the Court on
a (homer day for a tale Ng, which was granted.
Mr. Serjeant Bast appeared, therefore. to [hew
tack spoilt ken the part of the Plaintiff.
The Coen, however, thought it defirable gra to
bear the arguments of Cosnfe is fupport of the reg.
Mr. Serjeant WILLIAMS then dated the general
studios atilt tranfailion between the parties, from
rthdit appeared that the Plaintiff was 'ratite to the
nut's inother, who had lent her fon the fun of
t tool. in two promiffoty notes of hand, the one for
Mad and the other for 4001. at 3 per cent. interefi.
?be Plaintiff, hating had her money in his hand.,
gave the fora, of tooth, on her order, and took the
hostity. The notes were payable in three months
sifter dare, on demand $ but, in the meal time, the
Defendant's mother gave him it parole d ifeharge from
eittriebt. On her death, which followed loon after.
Wank the Plaintiff, Mt:runes tot her children, fought
to recover this Om, oft the ground that loch parole
*leak, ender the chttenbeasees of the cafe, was not
*slid in law. The Learned Serjeant then laid, that
the Difellatp gives to the Defendant was a minute
in writing, eitihrut being fealed of delivered, which
cane ender the head of parole s he was confident he
fated hot betty/ the time of the °sort with any de.
tailor tains' ekplanation of what the law confider.
ed parole in dtefe cafes t their Lordships knew that
flay releafe in writing, without leaf or delivery in the
*fuel forms, was a peiole tateaft, and came wader
the defcription of words risotto to the fame effieB.
Having ellithfifited this opinion ref/tasting what was
patois in writing, the neat eonfideration was, whe-
ther the parole difeharge of the creditor to the debtor
before the time of demand arrives, be a difcharge in
law ? This was the propefition which, with great
deference, he fubmitted to the Court. 'From his
view of the law on this fObjee, he was led to think
Poch releafe unquefiionably valid, the kndamental
principal being, that week gas meeker, earn: difilvisser.
Before, however, he applied the general principle to
the cafe in quellion, he begged to Hate a principle
which was generally acknowledged, namely, that a
parole agreement, before its breach, may he
difch aged by parole, that is, may br difcharged
rotort kyartior pv koarvr." In fupport of this propo.
!Ilion. the Learned &secant adduced tiveral cafes
of a/iamb& which clearly eflablithed it. One was the
undertaking or eareement of *Captain of is thip to
fail for a certain port on a day fitted, after a lapfe
of Anne time horn the date of the agreement, for
which he was to receive a conficieration. &fere the'
More of esecuting the agreement, namely, before the
Jay em *hid, he promifed to fail had 'Hived, the
party contracting with him gave him a parole dill
which was held by the Court to be good in
0/. In another ale, a man had bought a hark
froth another, and pinioned to give him in return a
certain hotfe, or five pounds !idling, on a day spend
mom. Before the time of performing the contralti
bad taken place, the perfort who Ira: to receive the
Senfteleration, difthaiged the other by parole, which
%We sub &cored Ittilicient. This was, he conceived,
the general Principle in cafes of ligeofit. The real
quedion then for the Court to ihcid. was, whether.
this afriadok engirt en he reetendeti to OromitTory
lidah, (e.r not ? The point here was narrow, rod
Wilk be edity decided. fre.m.;tl analogy trothe'cafe
ttf Lasqgdos 'sad 'Stolid, and chat of ?Abney& M.
tiiiikts. ill Modern Repents. page site. The 4)e-
foram' promifed to pay a certain (um in three months
'iffer date, on demand, bus, although the -debt ae-
tlttid knit the mot/teat paffitm the note, vet ea
.otion cnithi tint be bo.ught till She lime of demand
sad eipitett. and Ott: a tehial to pay f then, sta.!