Westlake v. Adams C.P.

141 E.R. 99 (1858)

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Nature of the Case

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Facts

D claimed he was never indebted upon the following facts. P carried on the art and business of ornamental and figure carving and D was desirous of apprenticing his son William Henry Adams. D was unable to pay the premium that P required which was 40 pounds. D then applied to certain to the Somersetshire Society which eventually agreed to pay the sum of 20 pounds. P and D then without telling anyone at the Society agreed that D would pay the remaining balance with four 5-pound notes payable at 5 pounds per annum. The apprenticeship was written up as per the law but only stated that the Society was paying 20 pounds. It did not reflect the P-D side deal. P performed under the agreement but D claimed he did not own the money. P sued D. The matter was tried before Willes, J. D claimed because of the fraud committed upon the Society D owned nothing to P. P claimed the indenture was not void and D owed the money. The jury gave the verdict to P for 17 pounds as D proved he bartered 3 pounds of goods in a prior transaction. D moved for a new trial and appealed.