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Besides, one of the terms on which Morris treated with Pritchard was, that the appellant should relinquish her claim to Mr. Thornton's money, which she never did, but had since by her agents received the same, to the amount of £4500.

After hearing counsel on this appeal, it was ordered and adjudged, that the decree therein complained of should be reversed: and it was declared, that the respondent the Earl of Powis ought, in performance of his agreement, to pay to the appellant during her life, the annuity of £200 a-year left her by the will of the Marquis of Powis her father; and also another annuity of £200 a-year, from the 5th of December 1749: and it was ordered, that it should be referred to a Master, to take an account of what was due for the arrears of the said two annuities: and it was further ordered and adjudged, that the said respondent should pay the same, together with her costs of suit in the Court of Chancery: and it was also further ordered and adjudged, that the said respondent should pay to the appellant, during her life, the said two annuities, as they should severally become due: and that the Court of Chancery should give all proper and necessary directions for carrying this judgment into execution. (Jour. vol. 31. p. 337.)

In Michaelmas term 1769, the respondent exhibited his bill in the Court of Chancery, against the appellants and others, stating, that in September 1768, the respondent being possessed of £3000 capital East-India stock, and being desirous of possessing £14,000 more of the same stock, but not having money enough for that purpose, applied to Elias Benjamin de la Fontaine, and William Brymer, brokers, to procure him as much money as would purchase £11,000 capital of that stock, to make up the said £14,000 stock, being then of the value of £276 per cent. That they, on behalf of the respondent, applied to the appellant John Lewis André and Anthony André, deceased, his brother and co-partner, with whom they had concerns of a similar nature for others, for the loan of the said money, who agreed to lend them on the respondent's behalf £30,800 on the 11th of October 1768, for which the appellant John Lewis André, and the said Anthony André, were to be paid a commission of £1 per cent. and interest at £5 per cent. and for securing the repayment of the said £30,800 and interest, De la Fontaine and Brymer were to transfer £14,000 East India stock, upon the terms after-mentioned; and in case the price of the stock should fall to £240 per cent. they were to make deposits of £10 per cent. and so to continue on every other fall of £10 per cent. of the said stock. That the respondent gave directions to De la Fontaine and Brymer, to purchase £11,000 East India stock, which was ready to be transferred on the 11th of October 1768; but they being employed by the appellant John Lewis André, and the said Anthony André, to sell for them £19,000 capital of the same stock, it was agreed between them and De la Fontaine and Brymer, that they should retain £14,000 part of the said stock, for the stock which was to be pledged with them on behalf of the respondent; and that the respondent should transfer his £3000 stock for the benefit of the appellant John Lewis André, and the said Anthony André; and that De la Fontaine and Brymer should sell the said £11,000 stock, which they had bought for the respondent: and for performance of this contract, an agreement was, on the 11th of October 1768, entered into between the appellant and his said