Shakespeare's Insomnia, and the Causes Thereof by Franklin H. Head
page 18 of 35 (51%)
page 18 of 35 (51%)
|
yesterday, we have considered the same, and have likewise the
opinion thereon of our client, Mr. Solomons. As we do now recall them, you nominated three principal grounds why you should not be pressed to pay the bill drawn by Mr. Heminge. First, that you received no value therefor, having put your name to the bill upon the assurance that it was a matter of form, and to oblige a friend. To this we rejoin, that by the law of estoppel you are precluded to deny the consideration after the bill hath passed into the holding of a discounter unnotified of the facts. Second, That, as our client paid but £1 for the bill, he should not exact £10 thereon. To the which we reply, that, so a valuable consideration was passed for the bill, the law looketh not to its exact amount. It is also asserted by our client that, beyond actual coin given for the bill, he did further release to John Heminge certain tinsel crowns, swords, and apparel appurtenant to the representation of royalty, which had before then--to wit, two weeks before--been pledged to him for the sum of 8 shillings, borrowed by the said Heminge. Third, That it was impossible for you to pay the bill, you having no money, and receiving no greater income than 22 shillings per week, all of which was necessary to the maintenance of yourself and family. We regret again to call to your notice the Statute of 16 Eliz., entitled, "Concerning the Imprisonment of Insolvent Debtors," which we trust you will not oblige us to invoke in aid of our suffering client's rights. To be lenient and merciful is his inclination, and we are happy to communicate to you this most favorable tender for an acquittance of his claim. You shall render |
|