Court Of King's Bench, We...
The Times, 1824-07-20T00:00:00

.lr. PLATT ttcdf t t thiathis nconwas bgt the vilde of goodsIod hnd d6livered to the defiedanf by tle plaintiff i. 'iT he ATTCU QEY-vUAL state, (htljt the plaintiff, a i4rking jewellerlxoug!lt ti7 fee4vcr tlie amount of i bill for jew*lie?y, sutt plie bynim o.te:aeendnt' wiVe. AIlr. Espinase was a gentle- mani o.th tlegal profssian, not, indeed, at the bar, but- a sppcial plIeader of high chareter, and in the receipt.of a large pressional- . Icome.?R]c i.eai4e4 t~ bphuse in G4ildford.street1 elegaratly' fur nisbed,. and jsaetook of all the conveniences of respectable life whiclh hiis situption eb'titled him to eujoy. The only question wouldI be, ~,,hetliii thit articlet fu ifishedtii hils lady; wre suited to-the spbere ini which she move'd ; as if they were, he was doubtless liable both in .law and in consclence to, 1pa% -for thiem. The -whole bill amournted to 831. 6s., of -whichi 341. had'been Paid, buit MVr. Espinasse objecited to pay the balance. The plaintifr had off'cred to take back-part of the jewels, and to affbrd acccormiodation as toi the paymeont foir thie- remaidder of tie bill but this proposal was iejectcd,- an? he hiad obtained neitther hiis money nor his jewels. .James Heniry AMontague, son of the plai-'tif1', said, in October, 18V23. he dlelivered to MVrs. Espinasse heeself in Guildford-strect, R brillfant rinig, a goldi watchi, and a neck-chiain. The price of the ring was 13 guineats, the watch 10 guineas, andi the chiainl 10 -gui- neas. Oni November 4, he attendea hiis fatlier wlien hie took psn assortment ofiewellery to MVrs. Esr;lnasse, whio chose a necklace andi bracelets at 10 guineas, and a -regard-.brooch at 3I. 1Oi. ; and then ordered a diamondi ring at 13 guineas, and a gold cross at 7 guineas. Cross.exaiiiined....He was acquainted wi'h a AVIrs. Ximencs. She was not a.n intimate acquaintance of his father's. Slie camie with Airs. Espisnasse to liis father-'s, but lie could not say when. The, timze of day when the gzoods were delivered was about noon. Re-examined..-.He did-not know AVirs. Ximcn,is till she'- came and paid 101., part of the money, for Airs. Espiriasse. ThomasWlhitchurch, clerk to the plaintia, said,in Novemberlagtt he delivered to Mirs. Espinasse a briliianit ring at, 13 guineas, wh&y expressed her satisfaction at the ring andI the pricit, saying it was not- so dear as she expectedl. -After Christmas, he applied to har for mnoney oni account, several times, whien she made excitses. The prl ces for the articles were fair. On cross-examination, the witness said hie called about a dozen times, sometimes lie sawi Airs. Espinasse, and sometimes, not. When he did not, he told the seryant he called for a - bill of jewel- dlery, but whethier he mentionsed the amount lie couild not say. He dla 'not recollect the servant saying he was Lure AMr. Espinassie knew nothing of it, or that he said c1 hat he knew very well. " He once (lid say he understood Airs. Eaginasse had an inidependent fortune-, whicih he hiad learned from AMrs. Ximenes. Re-examined.---He never saw Airs. Ximenes till after the goods were furnished. He knew tat hiis master received 101. andI 241. Alfred Alontague, another son of the plaintiff, said oni December l3th lhe delivered a cross at 5 guinecas, and a pair et? bratcelets at B guineas, at Airs. Espinasse's liouse. - Leonard Hicks, the defendtant's attorney, produtced a letter whiichi he received from Mlr. Gill, the plaititiff's attorney, of Mlay7, 1824, offering to take back part of the goods, andc a note of hand for the residue. The answer, tlated Alay 13, was also read, in whichl AIr. Hicks expressedI his surprise that the matter should be pressed at that time, as Air. Allontaguie was aware thatan inquiry was intended, whiich could not take place for a few weeks, in consequence of the situation of Mlrs. Espinasse. The witnessi proceeded.-.Mr. Espinasse is in conkider4ble busi- nesis as a special pleader. Cross-examinied.-A special pleader does a great deal of Nvork for very little nioney. At the timne -of the negotiation (Mlay 13) Airs. Espinssse's confinement was expectcjl. In conversation, tie witness lie informed Mr. Gill that AMr. Espinasse knew nothiing of the transaction, and never saw the jewels ; and that other demarnds hiad arisen, into which an inquiry wias intended, but cruld not be prose- cated till her recovery. Re-examised.-Mr. Espinasse had two pupils ; but he said they sometimes rather impeded than accelerated busine-js. It was usual for them to pay. (A laugh.)I This was tecse on the part of the plaintiffl. 51r. GsraINEY submitted that the plaintilf must be nonsuited, as he had not shown that the purchase was,, in any manner, authiorized by the defendanit. Thle whole evidlence tendedI to shlow that the cre- dit was Riven, not to the husband, but the wife, whom the ulaintiff~ considered a lady of independlent fortune, In all the cases where the husband was held Iliable for mere ornamnentsi, thecre was some proof from which his assent could be inferred, as, for example, they thlat hadi been worn in his reence. The ATTORIT134iE'URAL and Air. CHaITTY contendedl that the true question was, whiether the jewels were suited to the appa- rent station in life of the lady andl her husband, and referred to a case in Ventris, whiere this question was put in respect of the lady of a sergeant at law, who hadl ordered a jwel of the price of 801., a great sum n th rein o Chales I. he juidge summedI up strongly against tie plaintiff on this issue ; bdt, as the reporter said, " the jurv being gentlemen," held the jiewel only befitting the ser'geant's ralnk, andi retiirned a verdict againist him. The LoitD CHiIEF JUSTicE held the true question to he, whe- ther Alr. Espinanse authorized the purchase; hut on this poinit the jury bad a right to formn an opinion, aind therefore Air. Gurney liad better addre.ss them. Mlr. Gunsc Ey accordlingly addlressed thC jury., He lhad known aitil esteemed Air. Espiiiasse ma-ny years, but never knew till now how s9trong a claim lie hiad on thie.ymrpatlhy of hiis friendls. If this hiad been the only question of the kind, he wouild most gladly have paid the 831., and have prevented this most painfutl disclosure. BLut it was not so. I-is wife had unfortunately become acquainted withi those who ladl led tier, not, indeed, into whiat is comtiionly termred dislionour, hut into difficulties of the most emibarrassinig kitid. They had induced her to conitract debts ; then, in order to pay thens, to contract others; and so to proceed until demands to an alarmitig extent came like a thunderclap on her husband. What woul(I -be the situation of any o'ne of' themn if they must be liable to such demands? WVhile at their counting-houses, hi the exercise of their profession, or attending here as jurymebv, the jeweller mnight be visiting their house and they might be ruined before they knew tliat they wereinidebteAlto this newecreditor ashillinf I Mr. Robert Espinasse was a member of a very laborious clasi ot men,who wvork- ed very hard for very slender gains, andl who, though living in re- slpectability and comifort, was wholly unable to sustaiti stech an ex- pense as that to wliceh he was now to he rendered liable, Ilie hatd been married about three years ; ligawife was then suppliedl with all such ornamenit% ws were suitable to hier rank; and could it be neces- sayy or proper, that shne should iti six weeks purchase jewels to the amount of 831., among whtich were two diamond. rings of the samie description? Ile wvould prove that' this ladly had an allowance of 601. a year secured to her for heIr owvn expenditure.. that hier husbandI never saw or couldI see these jewels; a.nd that the dlid not rest a night in hiis house, but ivere carri'dd away to satisfy other demands, If be could have found thiem, lie woula have been too willing to gi .ve them back;, but they wrere passedl into other hands. The whole transaction was clandestine;, thie plaintiff came only at houirs when the defenthant was kcnown to be absent; he asked only f(r the wife ; and it was too miuch, now, wvhen hiis hope of pay- ment from her private resources failed, to seek to obtaiti Iins demand from the husban(h. Air. Jamies Espinasse said, I am nephew of the dlefendlant, and trmatee for his wife. Shie brought him a fortune somiewhat under 4,0001., and received 601. a-year for her exclusive use. I liave con- stantly visitedI at the house in Guildford-street, which is a ready fur- nished house. The furniture is neither new nor handsom-e, In October, November and'December, in last year, my uncle had no man.setvant at his hiouse. Ile alw'ays treated his wife with -great lberality, considering his station. I have accompanied them to parties, but they did not go often. Before October, she always hlad propeIr ornaments teI wear. She had a small grold wvatch, necklace, and rings, part of which were presents from Air. Espinasse before marriage. On the retiErexment (f my father into the country, I was In the habit of dining withi thenii every day. Tihey then went out less than before. Since October, 1823, have sean no new trinkets--not One of the Airticles chiargedI in the bill of' Mr. Ahlontague, Aly uncle, in Tern time, goes to chambers at nine, and'often remains thec whole day. In vacation, lie,oe little later, and remains till dinner.tl me. ge Cross-examined.....In last long vacation, Air. Espinasse hiad a small house at Twickenham. Ilie mixerl there in goodTsociety. Airs. Espinasse is first cousin of LordI Peter. AMr. Bsninasse may, pay, 2001. a year for his fUTnished house in town. The house at Twic'k- enlham ~was a small'shabby hiouse, which he bad very chieap. Jane Luxton said-I have been cook to Mvr. Espinasse for the last three years. I recollect Alr. AMon tague cor-tin toou house from 12 to 2; he never inquiredi for Aiaster. HWis clrk.rn Whithueh, ame nce lI askd o Mr. Esinase;I told him shewasOut li sad h wa coe t setlea bll or ir.AlontaLgue. Withgret dffiult, h tod methebil wa bewte 90. and 1001. for ewehery.I ased hw Mt Motague could trust hier for so muc, o whch y astr kew oting: lie said, " We know Cross-examined....There were three female servants in the house. Ellen VI'arner, asotlier servant of M1r. Espinasse, said, on one day, about Christmas, her mnaster was confined to his bedl. Mr. Montague came that dlay, as usual,for Mrs.Eapinasse. At the time. of her mnarriage, she hada great mnany jewels. Shiehad no new jewels, except a comimon ring, which she boughit of another jeweller, and never wvore those mentioned in the bill : on the edntrary, the jewels she had before disappeared. She saiv Mr. Gill, Mlr. Montague's attorney, come: he inquiireg for Alrs. ERpinasse, Elizabethi Flaunders, the housemaid, proved that Mr. AMontague always iniquired for lher mnistress. She never sawv her mistress withi new jewels after October. The ATTbaR2xY..GEXsRAL, in reply, contended Clint thiejewels were suited to the apparent situation of thie defendant1 and therefore he was liable to paY for them, In bargaining wvith thle lady, anid in applying for payinent to -her, Air. AMontague only did whiat every tradesmal numut do, if he did -not choose to aiffrnt all his female ctUstomers. With the demandsl of any othier tradesnian lie had no concemn; the simple question was, if he ouglht to lose that with which biehad trusted Airs. Espinnasse, onl the understanditlg fatirly implied thattlhe huisband, would fulfil the engagenients of his wife. The Loxan CITIES' JUSTICE told the Jury,'that, injsoint oflasw, a husband wvas not liable for goods supplied to his witie, unless he gavelher anexpress orimpliedlauthority to purchiase.I frconsidering the question of aitthiom-ity, the estate and degree of the parties was a fit: subject for consideration, and so also was the nature of the ar- ticdes. There were some things which it might and miist alway-s be presumed the wvife had authority to buy,as provisions for the daily use of the family over which she presided: but, in this case tie articleg were not necessary to any on'e; the proof was, that the husbanid never saw them;, and the jury were to, say whether they could col- l1ect from the evidtence that he gave auithority to buy them. - One of the juryd asked his L~ordship whether he laid it down as lI that the husband could not be charged unlests lie was privy. to tahe purchasie? ThteLOtRD CHIEF JUSTICE replied, that he laid down no suchi lawvj. - He said the husband was not liable unless an authority was roe,or an authority could be implied ; but in this case, if h&-, hrad idn any way sanctioned the purtchase of the jewels, why did not_the wife wear them ? Tuejur reire fo anhou anI ahaf, and thlen returned a ver- We unerstad, tht befre ur. UtEy left the court, the Lost Csu JUTICEgavehim eaveto MOV'e for.a nonsuit, in casetheverict,aftr te chrge shuldbe against hiim. NIHoLorsoN v. NASSAU. Mr. CSs1TTY sa'id, thiat this action was brought by Mfary Nri- chiolson against Willia',. Nassau, for a bseaclh Of promis3e Of Mar.. ,riage.- M Ar. SCAaLLETT stated the case .5 behalf of the plainitiffi, who sought to recover damages; for the brcarh of one of the mnost sacred of human promises. It was nont hig Ambition, on sutbjects JLike these, dt dik buit the feelinigs and the principles to which allusioni might liemaidde, in a fine tia-itue of words, or to excite the passions instead of ,appealing to thze reason. But the an~agdiricent was'solemn, and its vsolation was not to bei'treated lightly, as it itnvolvedI Cte disappoint.. ment of' a womani's dlearest hopes, and the loss of that reo'pectable 'establishment which 'slihadi a righit to anticipate as the che bless- log of life, The' plaintiffi, Alliss Mlary Nicholson *'as the daughter of a respeetable manuf-attrer at R.cadingF, whio brought up his fr-' mi1y .iqmeWh9i; 'above'their 'fortune. Unh b iY, he-' took to idle- babits.;bisalyTirt -fell -into decay, andhi lds s'iv in tug. gled to retrievA-hem,.-- HutW danyhtrrMa-atrtfonai ashm ina most respectable family ini Londn bu Si h huhek. .pedintn Chat - slite should do- somdthog ibpoiefr iie h went to live at the Castle, at" at' sl hresi assisted Ae.Cclin th sn,mn f ta epcal and well- knonT Isn At ti-acsleatrtewls.nideekindnesr due to th situtiton sh a ild n't copihents wit whtich She wsgfe,I 8%M.-asqto ~ll ur ters at the inn, and malif-sted a disposiLion to seek the Adquaintan&e fflie family. le was agentleniotz inl manners his understanding, -as *oald aMcar frorn 'lis lettcra, was,gnosl; a his coinduct uYei- fprmly deeorous, After a time hebegan tOpay particular attentions to Miss-Nicholson,. whlihl at first-she didI Mnot understands as their stations were so different, but-whiclh tertfuinated in a distlicta nd unA eqlivocal offer of his -han(l. Theobjections to the nateli werestated and' canvassed in the most. rational 'neanner :-,a differernce in religions opinion - v.s discussaed --and finaily regarded- as no obstaele-to happiness; and the scruples -if ir:. Nispau's- friends were nlluded to, and considered as overcome. -Aliss Micliolson. left the protection of -Mr. and-MArs. -{lecil,- at AMr. Nassau?n desire, and in the -fulil expectation of speedily becoming his wife. fie sonn, however, madc excuses, antl ultimately broke off the contract-pro- bably hoping to obtain possession of t3re object of his addresses on less honourable terms. He had represented his fortune at 7001. a- year, and his expenditure manifested tbat he was possessed of such an income. W'hen living in the-sam,e house with the plaintifi, he used to write te her ; and the letters which would be read proved the fervency andl the tenderness of his regard. Aliss -Nichols(n had been greatly surprised and disappointed at -his desertion, and now ?oug t that compensation to which she wa8 entitled by her virtues anti her sulftrritsg.- Menirs. Elizabeth Cecil, landlady of the tas%de; at Salt-hill,. said, that the plaintiifflivedunder-her roeienfor three yemfts She is nowv 2S years of age, and the defendant is 32 years old. When Aliss Nicholson had lived with her 18 months, in April, 1822, Air. Nas- sau came to the house. He had'a carriage, and a -servant, and remainied for four or flve montls. On the 1st of November, hecame again, and stayed till December, 1823, being absent a fortnight or three weeks at a. time. He appeared to court the society of the farmly, buit was' reserved and gentlemanly in his - manners. He never dined with the family, but always in his 'own room. At first, he did notappear to pay Miss Nicholson any pat- ticular atttntion,but began lo express attachmenteight or ten inonths since. Her conduct was always nmost proper, and her edtacation superior to the situation she fil!ed at the inn. Illr. Nassau used to speak highly cf lher accomplishments and ranners and the witness treated her as an equal. The defendant first talkeA of the marriagfe as to happer at Easter. He spoke of preparations for clothelf In November orders were given for them. It was generally known in the neighbourhood that she tv3s about, to be married, and she re- eeived the congratulations of her friends. SheiquittedS'alt.hil -for London, in preparation for her marriage, with the knowledge of the def.'ndant. He proposed she sheuld go in his carriage, but this she stateline Shealth.ppared much attached to him, and is now in an ill Cross-examined by the ATTo ftNEY-Grw EaAL.-The defendant lived a long iime at the Ca3tle * he hail no acquaintance in the neigh:. bourhood. He was a man of eccentric habits * his health was bad - three medical men attended him. He sometimes prescribed for him- self. EIe often ordered dinner, which he did not eat for several hours afterwards. Sometimes he was quite alone. He sotnetinses went merely from thebed tO the soifa, and from the sofa to the bed. He used to employ hinself in readinz, walking, and ri(iiiig in his car- riage. He hail often post-horses. -Yhe did not know lie used 30 tow6ls a day, but it might be so. - He was ah. eceentrie but gentle- manly rnian. He never told her he -wds a tea-pot. (A laugh.) His eccentricity did not go to that.extent, or border upon it. His medical attendants saw him Cvery day. Fie could not say when he mnade his first declaratinn to the bar.sisaid,but it was.generallyknown in the house. Miss Nicholson knew all his intendedvisits. The declaration was made in writing in November. 1823, and thle court- ship terminated about December. She firmly believeil the plaintiff was attached to the defendant, from other than pecuniary considera. tions; but might kave said- "there was not imuch of Cupid in the affair." (A laugh.) Tf she said so, slse said truly. The defendant went to town with four post-horses; amnniisie or twice at night. He sometimes did not eat his dinners, when thoy displeased him. The letters produced were in his hand. On re-examination, the witness said she thouRht the defendant had sense enough to reproach hlis counsel. She never doubted his understanding, though he was eccentriC and reserved. He always paid for the horses he had. The air of Salt-hill was good, and the gardens of the Castle fine. The medical men who attended the defend(atnt were alive. He paid gentlemanly attention to the plaintifflong before he declared himself. The defendant hai the ap- pearance of a foreigner. He once requested Mr. Cecil to get a li- cence, but not in the presence of the witness. The letters produced, with the exception of two, were then read. The thrce first were written in December, 1823, at the Castle, where )oth parties were residing. They wvere rather rambling in substance, but well expresscd in point of style, anti containedl very distinct pro. mises of marriage. One of them appeared tobe written partly with ink, anti partly wilth pencil, tile ink beina exhansted; it was dated at four o'cloclc in the inorniing, and had subjoined to it a sort of will, by which he declared1 '; Alary Nicholson, the barnmaid," his heir, and desired his relatives to give her his propertv. In one of them he spokeof his fortune as '7001. i-year,but it appeared from a later comn. inunication that he had only 1801.a-yearin hisown power,the rest being sRupplied by his mother. I n all theselettersliespokeof hisbodlilvinfirmi- ties,and in oneof asubsequent date gave them as areason for'postpon- ing the marriage. After the plaintiff's arrival in town, lie went to sce her, sad in writing on the subject he was so exhausted by tlle " stimuhaion necessary to enable him to take thie visit, that lie was forced to delay his departure. At length he wrote, begging her to see twn of his friends, in order to arrange matters for adiscontinuance of the connexion ; and on the 27th of July, by letter, coaspletely ismsolved it. He concluded one of his epistles as follows :-" As Cicero concludes one of hisletters I conclude thbs- ' I cominantlyoa to be well."' (Much laughter.) The A'TTOuIZy.YGxNuAL said he was instructed by the friends of the defendast to watch over those interests which lie xas himself unable to maintain. It was impossible to deov that a ro mise of marriage ha(l been made, and broken ; but thejury woubies timate the motives of the plaintiff', and also the nature of her-loss, before they awarded heraconiensation in damages. Did' they not perceive that .l1rs.Cecil wasright, when slie said " that Cupidl hail not muh to do with the affair;"-and was it not an affair of money? Miss Nicholson knew the ecentricities of the defendant-:she Xne;v his bodilty infirmities; and could any hutman being believe that she loved him H ifewas mapable, no doubt, of writing yvith a certain degree of continuity; but 'lis did not prove that his mind was healthfiul; for it often happened that there was much readiness with the pen,when the sufrerer was quite incapable of consistent action. Was not the mnbeeility of hi mnind apparent from tthat will wlhich he made atfour n the morning, and was not this also evidence of the manner in which lie had been deluded, anai the obiect of those who surrounded him ? What happiness hal the plaintiff lost? Shc hail lost a hus- band, exhausted, brokeni:down, unable to walk -to Charin,-.crogs with. out excitement, eccentric in mainer, and differing from-her in creed. Sue had lost the opportunity of enteringa faiuiily who would not have acknowledged her, and wlhose coldness she was alwavs taught to anticipate. If she hoped for happiness in rnarriage, the hope could never have been realize.l; if she expected nioney from the scheme, thejury would not give it. WVheh they found that this un- fortunate gentleman labouring under infrmnities, and incapable of doing any thing for himself, had only 1801. a year to supplv his wants, they would pause before they took aniy considerable part of that sum, to recomp ease a woman for the breach of a con'Tact, froni the fulfilment of which she cotld have derived notlhing but misery. The LoaD CHIEF JIJSTICE told the jury, that their verdict must be for the plaintiff, as a promise had been clearly made and broken. But, in considering the damnages, they, would recollect all the circumstances-that the situation of the parties were unequal- that their religious opinions differed-that the friends of the defend- ant were naturally averse to the-union and that he was weak in body,and,as appeared from the letter,far from strong in mind,which the plaintiff must have known. If they thouglt it unlikely that she should feel affection for such a person, though Afrs.Cecil said she ap- peared to lo so, the damages ought to be very small. They voauld however. consider this, and also what damages were really sustahin- 'ed by the loss of such a marriage. The Jury consulted for a few minutes, and then said-" We find for the plainitiff-Damages, 5001.- The LORD CHIEF JUSTICE observed, that some of the. jury seemed to dissent from the verdict. The Jurv consulted ngain for teh ninutes, and then repeated the verdict before pronounced-" For the plaintiff, damages 5001." COVRT OF K[NG'S BENC , WI ' ITNBTEP JULY 19. 31OHrAQ[Tr,,V.