Page:The English Reports v1 1900.pdf/807

instrument. And the jurors aforesaid, upon their oaths aforesaid, further say, that the said instrument was afterwards at the day and place within mentioned, presented to the said Thomas Gibson and Joseph Johnson for their acceptance thereof, and that the said Thomas Gibson and Joseph Johnson then and there accepted the same; they the said Thomas Gibson and Joseph Johnson then and there well knowing, that no such person as John White in the said instrument named existed; and that the name of John White so indorsed thereon was not the hand-writing of any person of that name. And the jurors aforesaid, upon their oaths aforesaid, further say, that the said Thomas Gibson and Joseph Johnson, at the time of making and accepting of the said instrument as aforesaid, had not, nor had they at any time since, any money, goods, or effects whatsoever of or belonging to the said Livesey, Hargreave, and company, or of the said Hughes Minet and James Peter Fector, in their hands. And the jurors aforesaid, upon their oaths aforesaid, further say, that the said Thomas Gibson and Joseph Johnson, although often requested, have not paid the said sum of money contained in the said instrument, or any part thereof, to the said Hughes Minet and James Peter Fector, or either of them, and that the same still remains unpaid; but whether upon the whole matter aforesaid, found by the said jurors in manner aforesaid, the said Thomas Gibson and Joseph Johnson are liable to the payment of the said sum of money in the said instrument mentioned, or not, the said jurors are altogether ignorant, and pray the advice of the court here in the premises. And if, upon the whole matter aforesaid, found by the said jurors in manner aforesaid, it shall appear to the court here, that the said Thomas Gibson and Joseph Johnson are liable to the payment of the said sum of money in the said instrument mentioned, then the said jurors upon their oaths say, that the said Thomas Gibson and Joseph Johnson did undertake and promise, in manner and form as the said Hughes Minet and James Peter Fector, by their declaration have declared against them. And they assess the damages of the said Hughes Minet and James Peter Fector, on occasion of their not performing the promises and undertakings within specified, over and above their costs and charges by them about their suit in that behalf expended, to £721 5s.; and for those costs and charges to 40s. But if, upon the whole matter found by the jurors in manner aforesaid, it shall appear to the court here, that the said Thomas Gibson and Joseph Johnson are not liable to the payment of the said sum of money in the said instrument mentioned, then the said jurors upon their [59] oaths say, that the said Thomas Gibson and Joseph Johnson did not promise and undertake in manner and form as they have within by their plea alledged.

Whereupon all and singular the premises being seen, and by the court of our Lord the King now here fully understood, and due deliberation being had thereof, for that it seems to the said court of our said Lord the King now here, that the said Thomas Gibson and Joseph Johnson are liable to the payment of the said sum of money in the said instrument mentioned, and did undertake and promise, in manner and form as the said Hughes Minet and James Peter Fector, by the said fifth count of the said declaration have above complained against them; and that the said Thomas Gibson and Joseph Johnson did not undertake and promise in manner and form as the said Hughes Minet and James Peter Fector, by the said first, second, third, fourth, sixth, seventh, eighth, ninth, and last counts of their said declaration, have above complained against them: it is considered that the said Hughes Minet and James Peter Fector recover against the said Thomas Gibson and Joseph Johnson their damages and costs aforesaid, by the jury aforesaid, in form aforesaid assessed; and also £267 15s. for their costs and charges to the said Hughes Minet and James Peter Fector by their assent, by the court of our said Lord the King here adjudged, of increase, which said damages amount in the whole to £991. And the said Thomas Gibson and Joseph Johnson in mercy, etc. It is also considered that the said Hughes Minet and James Peter Fector be in mercy for their false claim against the said Thomas Gibson and Joseph Johnson, as to the said promises and undertakings in the said first, second, third, fourth, sixth, seventh, eighth, ninth, and last counts in the said declaration mentioned. And that the said Thomas Gibson and Joseph Johnson go thereof without day, etc.

In Michaelmas term 1789, this special verdict came on to be argued in the Court of King's Bench, and the court thereupon gave judgment for the defendants in error.