Page Lying v. Sutton (Pleading-Effect of bad grammar in pleading.) Lysons v. Barrow (Executors and Administrators-Where liable to costs of nonsuit or verdict against them.) M' Andrew v. Adames (Charterparty-Construction of.) (Pleading-Averment of special damage, evidence in suppport of.) • Meekin v. Whalley (Attorney-Uncertificated, the client cannot recover costs of suit conducted by Memoranda Practice in motions from the sheriff's court. 417 463 517 ib. 494 414 485, 486 483 Warrant for opening the Court of Common Pleas to the Norris v. Daniell (Award-Where final.) Orme v. Broughton (Executors and Administrators-Entitled to sue in respect of an injury accruing to the personal estate of the testator or intestate, from the vendor of an estate failing to make title.) Price v. Harris (Costs-Where one of several defendants in an action on the case suffers judgment by default, and all the others obtain a verdict.) Roberts v. Brown (Libel-Reports of proceedings in Courts of jus tice.) Stultz v. (Pleading-Justification of part of a libel.) 383 417 474 Wedderburne (Practice-Setting aside process.) Angerstein (Practice-Where money paid into Court in lieu of bail.) Tildasley v. Stephenson (Interest-Claim of interest in a declaration on a mortgage-deed not reserving interest, may be struck out.) 442 (Mortgage-deed-Reservation of day of Usborne v. Pennell (Affidavit to hold bail-Where sufficient.) . 431 (Practice-Setting aside process,) ib. Watson v. Maskell (Practice-Setting aside process.) 461 Williams, demandant, Harris, tenant (Costs-Tenant in a writ of intrusion not entitled to, on a nolle prosequi.) 491 En the Exchequer Chamber. MICHAELMAS VACATION, 4 WILL. IV. THIS ARMSTRONG v. LEWIS and Others. 1833. Tuesday, Nov. 26th. between two or more persons to enter into a partnership in contravention of the law, is void, and confers no rights upon either party. A. and B. carried on the business of a pawnbroker in der a deed. The conducted solely by A., and his was an issue directed by His Honor, the Master A contract made of the Rolls. The issue stated that one Robert Armstrong, now deceased, in his lifetime, and at the time of his death, and before the discourse thereinafter mentioned, used, exercised, and carried on the business or concern of a pawnbroker, to wit, &c.; that, before the making of the promise of the defendant thereinafter next mentioned, to wit, on &c., in &c., a certain discourse was had and moved by and between the plaintiffs and the defendant, wherein the following questions then and there arose, viz. first, whether, at the death of the said Robert Armstrong, Samuel Shepheard Warner was legally to be considered as a partner of the said Robert Armstrong, and entitled to receive payment at the rate of 10l. per cent. upon the capital advanced by him out of the profits or effects of the concern; and secondly, if he was to be considered as such partner and entitled to receive payment as aforesaid, then, whether he was entitled to receive such payment on a sum of 4,300l.: and, in that discourse, the business was name alone appeared over the shop-door and upon the printed tickets and du plicates used by persons in that trade, and the license contain ed the name of A. only:-Semble, that, al though the parties might by this contract have rendered themselves liable to penalties imposed by the statute 39 & 40 Geo. 3, c. 99, yet that, there being no actual agreement for an infraction of the law, the contract was not void. Where exceptions are not properly taken-as, where they appear upon the record after the finding of the jury-the Court of error cannot give judgment thereon. 1833. ARMSTRONG v. LEWIS. plaintiffs then and there asserted, &c. &c., concluding in the usual form. The issue came on for trial before Lord Chief Baron Lyndhurst, at the Sittings at Westminster in Hilary Term, 1832. The plaintiffs' counsel, to maintain the issues on their part, proved that Robert Armstrong had carried on the business of a pawnbroker, in Baldwin's Gardens, Leather Lane, Holborn, for several years before the making of the deed hereinafter next mentioned, and continued to carry on such business at the same place, in his own sole name, until the time of his death, which happened in the month of August, 1819: and the plaintiff's claimed, that, whilst Armstrong so carried on his said business in his own name, he the said S. S. Warner was a dormant and secret partner; and, to support such claim, they gave in evidence a certain deed, purporting to be a deed of copartnership, dated the 24th June, 1810, between the said S. S. Warner, deceased, and the said R. Armstrong, deceased; of which the following is a copy: : "This indenture made this 24th June, 1810, between Samuel Shepheard Warner, of King Street, in the parish of St. George, Bloomsbury, in the county of Middlesex, dyer, of the one part, and Robert Armstrong, of Baldwin's Gardens, in the parish of St. Andrew, Holborn, and county aforesaid, pawnbroker, of the other part: Whereas the said S. S. Warner and R. Armstrong have consented and agreed to become co-partners and joint traders in the trade or business of a pawnbroker, which the said Robert Armstrong now carries on in Baldwin's Gardens aforesaid: Now this indenture witnesseth that the said S. S. Warner and R. Armstrong, for and in consideration of the good opinion they have and entertain for each other, and also in consideration of the sum of 2,000l. of lawful money of Great Britain advanced by the said S. S. Warner to the said R. Armstrong, the receipt whereof he the said R. Armstrong doth hereby acknowledge, have concluded and agreed, and by these presents do mutually covenant, promise, and agree to and with each other, to be and continue co-partners and joint traders in the trade or business of a pawnbroker, and all things appertaining thereto, for and during the term of fourteen years, to commence from the day of the date hereof; determinable, nevertheless, as hereinafter mentioned: and the same joint trade or business is to be managed and carried on in Baldwin's Gardens aforesaid, in the house wherein the said R. Armstrong now carries on the said trade or business of a pawnbroker, or in any other place or places that the said parties hereto may think it prudent or advisable for that purpose. And it is hereby further agreed by and between the said parties hereto, that they shall and will, during the term and continuance of this co-partnership, keep such and so many books of account as shall be proper and necessary for carrying on the said business; wherein from time to time shall be fairly entered exact and true accounts of all their loans, buyings, sellings, receipts, and payments, with the circumstances of the dates, sums, and parties, and of all their other transactions relating to the said trade or business; which said book or books shall remain and be kept by the said R. Armstrong in such safe and convenient place and in such manner that the said S. S. Warner shall at all times have free liberty to inspect and examine the same and take copies or extracts thereof: And it is hereby mutually agreed by and between the said parties hereto that the said trade or business of a pawnbroker shall be conducted and carried on by the said R. Armstrong, who shall be at liberty to employ and engage such journeymen, servants, or apprentices as to him shall seem necessary and expedient for conducting and carrying on the said trade or business of a pawnbroker: And it is further agreed that the said parties hereto shall once in every three months examine their books of accounts, and join 1833. ARMSTRONG บ. LEWIS. 1833. ARMSTRONG บ. LEWIS. in making up the same, and balance, adjust, and settle the same accordingly; the first examination and adjustment to take place on Michaelmas-day next ensuing the date thereof; at which time the said S. S. Warner shall receive and take the sum of 50%. out of the said co-partnership concern as and for his share and proportion of the profits arising therefrom; and the like sum of 50%. at every subsequent adjustment and settlement, which it is hereby mutually agreed shall take place quarterly and every quarter during the continuance of the co-partnership: And it is hereby further mutually agreed, that, in case either of the parties hereto shall be minded and desirous of putting an end to and determining this co-partnership at the end of the first three, seven, or ten years of the said term of fourteen years, and shall give twelve calendar months' notice or warning in writing to the other of such his mind and intention, that then and in such case this copartnership shall cease and determine as if the whole term of fourteen years had been suffered to run out and expire; any thing herein contained to the contrary in any wise notwithstanding: And further, that, at the dissolution of the said co-partnership as aforesaid, the said S. S. Warner shall be at liberty to draw out of the said co-partnership concern the said sum of 2,000l. so advanced by him at the time of the execution of these presents: And it is further agreed by and between the said parties hereto, that, during the continuance of this co-partnership, it shall not be lawful for the said R. Armstrong to discount any promissory note or bill of exchange without the license and consent of the said S. S. Warner first had and obtained; and, in case the said R. Armstrong shall, without such license and consent, discount any note or bill, he shall forfeit and pay to the said S. S. Warner 100%. for every such note or bill so discounted: And lastly, it is agreed by and between the parties hereto, that, in case the said S. S. Warner shall at any time during the continuance of this co-part |
