damage of the faid George of 20l. and therefore he brings fuit, &c. And he brings here into court the faid writing obligatory which teftifies the faid debt in form aforefaid, the date whereof is the fame day and year in that behalf above-mentioned.

the condition,

that it is not

And the faid John by Charles Stamford his attorney comes Defendant and defends the wrong and injury, when, &c. and prays oyer craves oyer of of the writing obligatory, and alfo of the condition of the which is fet fame writing obligatory, which are read to him in thefe forth and then words, (to wit) Know all men by these prefents, that we Wil. the defendant liam Baird of Baldwin's Gardens, in the parish of Saint Andrews pleads firft Holborne, and John Ruffell of the Hay-market, in the parish of his deed. Saint James's in the county of Middlefex, Blackfmith and Victualler, and John Gregory mafter of the academy in Coventry-Court Hay-market, in the parish of Saint Martin's in the Fields, are held and firmly bound to George Wright Efq. of Baldwin's Gardens in the parish of Saint Andrews, (all in the faid county of Middlefex) in the fum of 500l. of lawful money of Great Britain, to be paid to the faid George Wright, or his certain attorney, executors, adminiftrators or affigns, for which payment well and truly to be made, we bind ourfelves jointly and severally for and in the whole, our and every of our heirs, executors and adminiftrators firmly by thefe prefents, fealed with our feals, dated this 13th day of July in the year following, and twelfth year of the reign of our Sovereign Lord George the Third, by the grace of God of Great Britain, France, and Ireland, King, defender of the faith, &c. and in the year of our Lord 1771. Whereas the above-bounden William Baird having contracted and agreed with the above named George Wright Efq. to live with and continue to serve him in the capacity or ftation of a broad-clerk. Now the condition of the above-written obligation is fuch, if the faid. William Baird fhall and do ferve, abide and continue with the faid George Wright in the faid capacity or station of broad-clerk, and duly, faithfully and honeftly according to the beft of his fkill and knowledge, exercife himself therein, and alfo duly follow and perform the advice, directions and orders of the faid George Wright in that fervice or bufinefs, and likewife be juft and true to the faid George Wright in all things relative thereto, and no ways wrongfully detain, embezzle or purloin any money, goods, chattels or effects whatfoever of or belonging to him the faid George Wright which fhall or may during fuch fervice be committed or come to his the faid William Baird's custody or keeping; and alfo if the faid William Baird do and fhall during his fervice keep juft, true and faithful accompts in the faid George Wright's books of all monies received and paid, and of all other matters and things relating to his the faid William Baird's flation or employs which fhall (as aforefaid) come to his management or disposal,

M M 2

and

zd Plea,

That at the time of the making the

obligation the plaintiff car

ried on the trade of a

a partner, and until fuch a

day and year.

and from time to time pay all monies which he fhall receive of or belonging to, or by the order of the faid George Wright into his hands, and make and give up true and fair accounts of all his the faid William Baird's actings and doings in his faid employment, without fraud or delay, when, and as often as he shall be thereunto required, (he the faid George Wright duly performing his agreement) then this above-written obligation to be void and of none effect, otherwife the fame to be and remain in full force and virtue; which being heard and read, the said John Ruffell faith that he ought not to be charged with the said debt by virtue of the writing obligatory aforefaid, because he faith that the faid writing obligatory is not his deed, and of this he puts himself upon the country, &c. and the faid George Wright doth the like. And for further plea in this behalf, the faid John Ruffell by leave of the court here for this purpose first had and obtained, according to the form of the ftatute in fuch case made and provided, faith, that the faid George ought not to have or maintain his faid action thereof against him, because he faith that the faid George Wright in the condition of the fame writing brewer on his obligatory named before, and on the faid thirteenth day of July, own account in the twelfth year of the reign of the faid Lord the King, only, without abovefaid, at London aforefaid, in the parifh and ward aforefaid, exercised and carried on in his own name only, and for and on his own account, and without any partner, the trade of a brewer, and that he fo continued to exercife and carry on the fame for a long space of time, (to wit) from the faid 13th day of July in the faid twelfth year until the 26th day of December then next following, and no longer, (to wit) at London aforefaid, in the parish and ward aforefaid. And the faid John Ruffell further faith, that the fervice, capacity and ftation of a broad-clerk in the faid condition mentioned, at the time of the making of the faid writing obligatory, was meant and intended to be executed and performed by the faid William Baird to the faid George Wright in the faid trade of a brewer, fo carried on by the faid George Wright only, and on his own account, and not in partnerflup with any other perfon; and the faid John Ruffell further faith, that the faid George Wright afterwards, (to wit) on the fame day and year laft aforefaid, entered into partnership with one John Delafield in the faid traid of a brewer, and continued in art nership with the faid John Delafield for a long time, (to wit) partnership in from thence hitherto, and during the time laf aforefaid, hath carried on the trade in the joint names of him the faid George Wright and the faid John Delafield, (to wit) at London aforesaid, in the parish and ward aforefaid; and the faid John Ruffell further faith, that the faid William Baird after the making of the faid writing obligatory, (to wit) on the faid 13th day of July, in the twelfth year aforefaid, at London aforefaid, in the parish and

When the plaintiff entered into

the trade with J. D.

ward

the broad

ferved him

ward aforefaid, entered and was received into the fervice of the faid George Wright, and continued in the fervice of the faid George Wright from thence until the faid George Wright fo as aforefaid entered into partnership with the faid John Delafield as aforefaid, (to wit) until the faid 26th of December then next following, and the faid William Baird quitted the fervice of the faid George Wright in the faid trade or business carried on by him the faid George Wright alone and on his own feparate account, and afterwards, (to wit) on the fame day and year laft aforefaid at London aforefaid, in the parifh and ward aforefaid, entered into the fervice of the faid George Wright and John Delafield in their faid partnership trade; and the faid John Ruffell further and that all faith, that during all the time that he the faid William Baird the time that remained and continued in the fervice of the faid George Wright clerk ferved alone, he the faid William Baird did duly, faithfully and honeftly, the plaintiff' according to the beft of his fkill and knowledge, exercife himself alone, he in the faid capacity and ftation of broad-clerk, and did alfo duly honeftly, follow and perform the advice, directions and orders of the said George Wright in that fervice or bufinefs, and was likewife juft and true to the faid George Wright in all things relative thereto, and no ways wrongfully detained, embezzled or purloined any money, goods, chattels or effects whatfoever, of or belonging to him the faid George Wright, which during fuch fervice was committed or came to his the faid William Baird's cuftody or keeping, and did alfo, during fuch his fervice, keep juft, true and faithful accompts in the faid George Wright's books of all money received and paid, and of all other matters and things relating to his the faid William Baird's ftation or employs which came to his management or difpofal from time to time during fuch his fervice as aforefaid, and did from time to time pay all monies and accounted which he the faid William Baird received of, or belonging to, to him justly. or by the order of the faid George Wright into his hands; and that he the faid William Baird from time to time during fuch time of his employment as aforefaid, when thereto required, made and gave up to the faid George Wright true and fair accompts of all his the faid William Baird's actings and doings in his laid employment, without any fraud or delay, (to wit) at London aforefaid, in the parish and ward aforefaid; and this he the faid John Ruffell is ready to verify: wherefore he prays judgment if the faid George Wright ought to have or maintain his faid action against him, &c.

George Hill.

And the faid George as to the faid plea of the faid John laftly Replication. above pleaded in bar fays, that he by any thing in that plea alleged, ought not to be barred from having his aforefaid action thereof maintained against the faid John, because protesting that'

the faid plea and the matters therein contained are not fufficient in law to bar the faid George from having his aforelaid action in this behalf against the faid John, and to which the faid George hath not any occafion, nor is he in any wife bound by the law of this realin to anfwer; nevertheless, for replication in this behalf the faid George faith, that true it is that the faid George at the time of the execution of the faid bond and condition, (to wit) on the 13th day of July in the year of our Lord 1771, exercised and carried on in his own name only, and for and on his own account and without any partner, the trade of a brewer, and that he fo continued to exercife and carry on the fame from that day until the 26th day of December then next following, and no longer, as the faid John hath above in his faid plea alleged; but the faid George further faith, that the fervice, capacity and flation of a broad-clerk, in the faid condition at the time of the making of the faid writing obligatory, was meant and intended to be executed and performed by the faid William Baird to the faid George, in the faid trade of a brewer, fo then carried on by the faid George; and the faid George did afterwards, (to wit) on the faid 26th day of December in the year of our Lord 1771 aforefaid, (to wit) at London aforefaid in the parish and ward aforefaid, take into partnership in his faid trade of a brewer, and in the fame brewhouse and premises wherein the faid George fo exercised and carried on the bufinefs of a brewer at the time of the making of the faid writing obligatory, the faid John Dela. field mentioned in the faid plea, and continued in partnership with the faid John Delafield from thence hitherto, and during the time laft aforefaid; and that the faid William Baird after the making of the faid writing obligatory, (to wit) on the 13th day of July, in the year of our Lord 1771 aforefaid, at London aforefaid in the parith and ward aforefaid, entered and was received into the fervice of the faid George, and continued in the fervice of the faid George, from thence until the faid George fo took into partnership the faid John Delafield in his faid trade at the faid houfe and premifes where the faid George fo carried on his faid business at the time of the making of the faid writing obligatory; and the faid William Baird upon his the faid George's fo taking the faid John Delafield into partnership aforefaid, was continued in his faid office of broad-clerk at the faid brewhoufe, and in the faid brewery bufinefs fo carried on at the faid brewhoufe and premifes from thence until the 1ft day of September in the year of our Lord 1772, (to wit) at London aforefaid in the parish and ward aforefaid, and was not ever during that time difcharged from his faid office by the faid George Wright and John Delafield, or either of them; and which faid continuance of the faid William in his faid office is the faid quitting the fervice of the faid George by the faid William and entering into the fer

condition

affigned, that

partnership

vice of the faid George and John Delafield mentioned in the faid plea of the faid John Ruffell; and the faid George further faith, that the faid William, after the faid George had fo taken the faid John Delafield into partnership as aforefaid, and while the faid William fo continued in his faid office of broad-clerk of the faid brewhoufe as aforefaid, (to wit) on the 19th day of Breach of the Auguft in the year of our Lord 1772, at London aforefaid in the parish and ward aforefaid, received in his faid office a large fum of the broadmoney, (to wit) the fum of 147/. 135. on account of the faid clerk received George and his faid partner, and was afterwards, (to wit) on the money on the fame day and year laft aforefaid, at London aforefaid in the parifh account, and ward aforefaid, requested by the faid George to pay the fame did not acto the faid George and John Delafield, yet the faid William did count for and not, when he was fo required, pay or caufe to be paid, nor to the part hath he at any time or times hitherto paid or caufed to be paid the faid fum of money fo by him received as aforefaid, or any part thereof, into the hands of the faid George and John Delafield, or either of them, but then and there wholly refused and neglected fo to do, contrary to the form and effect of the faid condition; and this he is ready to verify: wherefore he prays judgment and his faid debt together with his damages on occafion of the detaining thereof to be adjudged to him, &c.

John Burland.

pay the fame

ners.

And the faid John as to the faid plea of the faid George, by Demurrer, him above in reply pleaded to the faid plea of the faid John by him lafly above pleaded, faith, that the faid replication and the matters therein contained are not fufficient in law for the faid George to have or maintain his faid action against him the faid John, to which faid replication, in manner the fame is above pleaded, the faid John is not under any neceffity nor obliged by the law of the land to anfwer; and this the faid John is ready to verify: wherefore for want of a fufficient replication in this behalf, the faid John prays judgment, and that the faid George may be barred from having or maintaining his aforefaid actionthereof against him, &c.

George Hill.

demurrer.

And the faid George fays, that the faid plea of him above Joinder in pleaded in reply to the faid plea of the faid John, by him above fecondly pleaded in bar, and the matters therein contained are fufficient in law for the faid George to have his aforefaid action thereof maintained against him the faid John; which faid replication, and the matters therein contained, he the faid George is ready to verify and prove as the court here fhall order: wherefore inafmuch as the faid John hath not answered the matters contained in the faid replication, nor any wife denied the fame,

but