American citizen. [volume] (Canton, Miss.) 1864-1890, 1876-08-26

ISL So upon that, and quite relying
that the old man would keep his word
Podgers goes and marries. They al
knew the old man couldn't last very
long, so on the strength of his expec.
tations Podgers puts in a new shop.
window and starts pony-trap. Trade
was bad and Podgers found himself
outrunning the constable a bit; but he
didn't mind, feeling sure it would be all
right when the old man went off the
begin to see my way. Podgers had
married on the strength of the old gen.
tleman's promise, and the old gentle
man had subsequently changed his
mind. Here was an opportunity of inn
pressing Mr.. Ward with my legal
acumen.
.aExcuse my 'interrupting you one
moment, Mr.. Ward" and 1 rung the
bell. Blobbs entered. "Blobbs, give
me sChitty on Contracts and then 60
and ask Mr.. Grimmer's clerk to oblige
me with the loan of the sixth volume
of Meeson and Welsby.' Think can
give you, a case just in points,. Mr..
Ward" Blobbs handed me "Chitty
on Contracts" which in point of fact
was on the mantelpiece Immediately
behind me, and departed to execute the
remainder of my order. I referred to
the index; murmuring audibly, Soon
sideration-good-v marriage
page 49," Then turned to the passage
and silently perused it with much at.
tention. ''Ah, yes, 1 thought so!'
Blobbs hare returned with the Dor
tro0Sd Jolume, In which, with an air OF
deep reflection, 1 turned to an imaginary
authority. 'No, that won't do. Ihad
forgotten for the moment that that case
was overruled by Jones vs.. Robinson.
Pray proceed, Mr.. Ward"
Mr.. Ward had more than once at
tempted to continue his story, but, with
gentle wave of the hand, 1 had courte-
ously yet firmly deprecated Interrupt
ton. He resumed apologetically:
"I'm afraid I'm giving you deal of
trouble, Mr.. Browns. ''s~
shot at all, Mr. Ward, sssure you.
1 always like to make sure, from the
outset, as to the broad principles APP
plicable.'' $500,
"Quite so, sir; very true. But am
afraid there is little misunderstand-
ing"
"Irthink not. = Ishave followed you
with great attention. A married BIS
daughter c ON the faith of an undertake
ing by B that he will, on his death, leave
c the whole of his property; B CHATS
Club, you know dies, and he does not
leave the property to G CHATS Mrs.
Podgers), but to somebody else. Isn't
that your caseP" And leaned back in
my chair and ayed with deny-that-if-
you-can sortolexpression.
ssJust exactly SO, sir. II you'd been
pne of the family Yourself ydu eopld6't
have got h'moe pat. They all went on
as comfortable as possible till one Sun
day the old gentleman dined with the
Podgerses, and he found a caterpillar
in the vegetables. He would have it
they did it on purpose. He went home
at once, tore up his will and made an
otteS LEAVING every penny of His money
to che asylum of Incurable Clear
starchers. The excitement brought on
an apoplectic fit, and he died the very
same night. Personally sworn under
f25,OO0; and Podgers all put in the
Gazette"
Il. began to fear THAR the case would
prove to- be Cha1cery matter, ana thst
ny share IN il wodid beTfmited to Civ
ing Mr.. Ward an elaborate opinion to
that effect. But it clearly would not
do to make any suggestion of the kind
at the present stage of the proceedings.
" All, just as thought. you see."
tried to look as if l had anticipated
every detail of the case, even to the
caterpillar. "Well, now the question
is, what evidence have we, first of
distinct agreement on the part of B
Otherwise Glubb) to leave all his prop
erty to his daughter, and, secondly, that
A otherwise Podgers) married on the
faith of that promise. You hear what
Chitty says: "A MISREPRESENTATION
is such as money, marriage or the like,
which the law esteems an equivalent
given for the grant, and is, therefore,
founded on motives of JUSTICE That's
the law; but how about the facts. Mere
assertion won't do, you know; we must
have evidence"
Well, as to evidence I'm afraid
there isn't much in a legal sense. Mr..
Grimmer has advised upon the case,
and he says we haven't any evidence;
in fact, that we haven't leg to stand
upon -
1t was fiattering and at the same time
a little alarming to be consulted in a
casein which Mr.. Grimmer had already
EXPRESSED an adverse opinion. If M
Grimmer was timid had better be at
least cautious.
"You will have uphill work before
you, Pm afraid, and I should recon-
mend you, Mr.. Ward, as man of bus
ness (this is, of course. between our
selves) to see your way very clear as to
your cost out of pocket. The Incura-
BILE Clearstarchers will fight hard, sir,
you may depend on it,
80 dear, yes, sir; no doubt they
would. But we've quite made up our
minds not to go to law about the mat
ter. 1t would only be throwing good
money after bad leastways it would if
we had any to throw; but we haven't.