Page:The English Reports v1 1900.pdf/242

Lunæ, 20 Martii. To be heard on Friday, 31st March.—P. 408.

Jovis, 23 Martii. To be heard on Saturday, 1st April.—P. 413. (1 Eq. Ab. 132. Prec. Chan. 89. Vin. v. 533. xix. 299. xxi. 509.)

Sabbati, 1 Aprilis, 1689. After hearing council this day on the petition and appeal of G Earl of Warring.: and the answer of Sir James Langham and Ann Tipping, it was ordered, that the Lord Chief Justice of the Court of Common Pleas do report what was offered [152] by council thereupon, on Friday the 14th of April, instant.—Lords Journ. vol. xvi. p. 431.

Veneris, 14 Aprilis. The Lord Chief Justice's report to be made on Friday the 21st of April, instant.—P. 437.

Veneris, 21 Aprilis. This report to be made on Friday the 28th April, instant.—P. 446.

Veneris, 28 Aprilis. This report to be made on Monday next.—P. 456.

Note: Nothing further appears to have been done in this cause: but it appears by some of the books in which it is reported, to have been agreed between the parties; and that the Lords declined to pronounce any judgment.

The appellant made this case: That being Colonel of a Regiment of Dragoons, he, 10th March, 1695, contracted with respondent for furnishing his regiment with 460 Cloaks, at 2l. 14s. each; and 60 suits (containing coat, waistcoat, and breeches,) at 2l. 17s. each, according to patterns, of the value of 6s. 6d. a yard, and to be delivered to the regiment by the last day of that month, and to be paid for out of the off-reckonings of the regiment, commencing 1st January, 1696; and to that purpose respondent took an assignment from appellant upon Lord Ranelagh, paymaster of the army, for 1425l. which they were erroneously computed to amount unto, though they truly amounted only to 1413l. which prices though they somewhat exceeded the value of the patterns, were allowed respondent, because he was to take his money out of the off-reckonings of the regiment; and that respondent did not send the cloaks and suits over in Flanders, where the regiment was, before the end of April or beginning of May, when the army was just coming out of winter quarters, and ready to take the field, and then they appeared to be made up of different sorts of very coarse cloth or stuff, not one with another worth 3s. per yard, which was sworn by several witnesses; the cloaks not worth above 1l. 2s. each, and the suits not above 1l. 10s. each; so that if respondent should be paid 1425l. for them, the regiment would be defrauded of 700l. but bad as they were, they coming so late, and the regiment having been then lately stripped by the French at Dixmuyde, it became impossible to take the field without them; so that appellant having not time to return them upon respondent, was forced to make use of them: That appellant remained about a year in Flanders with his regiment, and then coming over, and complaint being made at the pay-office of this abuse, the payment of the 1425l. was stopped there until further enquiry; the appellant being censured by the officers of his own regiment, as if he had combined with respondent for his private benefit to defraud his regiment; and respondent endeavouring to arrest him [154] for the money, appellant exhibited his bill in Chancery to be relieved, setting forth the badness of the cloaks and suits, and praying he might pay no more than what they were really worth, and that the respondent might take his money out of the off-reckonings as was agreed; and that respondent had answered, that the cloaks and suits in question, were really provided by one Lawrence De la Chambre, and his partners, to whom respondent had assigned his interest in the 1425l. and that they were made up agreeable to the patterns; and