Kings Bench File KB121/385

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As yet Trinity Term Witness William Lord Mansfield

Middlesex to wit George NEALE puts in his place Peter WALLY his attorney against John BOLTON in a plea of Trespass on the case

Middlesex to wit the said John BOLTON puts in his place George JOLLIFFE his attorney at the suit of the said George in the plea aforesaid

Middlesex Be it remembered that heretofore that is to say in Easter term last past before our Lord the King at Westminster came George NEAL by Peter WALLY his attorney and brought here into Court of our said Lord the King then there his certain Bill against John BOLTON being in the custody of the Marshal of the Marshalsea of our Sovereign Lord the King before the King himself of a plea of trespass on the case and there are pledges of prosecution to wit John Doe and Richard Doe which said Bill follows in the words to wit:-

Middlesex to wit George NEALE complains against John BOLTON being in the custody of the Marshal of the Marshalsea of our Sovereign Lord the King before the King himself, For that whereas at the time of making the promise and undertaking hereinafter next mentioned a certain race was intended to run by and between certain horses called Trentham and Minister at the said then next horse race meeting at Newmarket In the county of Cambridge  and a certain other horse race was also intended to run by and between two other horses called Pumking and Membrino at the said then next horse race meeting at Newmarket aforesaid and thereupon afterwards to wit on the twelfth day April in the year of Our Lord 1774  at Westminster in the said County of Middlesex a certain discourse was had and moved by and between the said George and John of and concerning the said races and of and concerning which of the said horses were likely to win of the other and on such discourse so had and moved the said John then and there to wit on the same day and year last aforesaid at Westminster aforesaid in the said county of Middlesex that the said George at the special instance  and request of him the said John the sum of two hundred guineas in case the said horses called Trentham and Pumking did not both win undertook to the said George then and there faithfully promised to pay him the sum of four hundred guineas in case the said horses called Trentham and Pumking did both win. And then the said George further says that the next Horse Race Meeting at Newmarket after the making of the said promise and undertaking of the said John was had and held at Newmarket aforesaid soon after the making of the said promise and undertaking of the said John to wit on the sixteenth day of April in the said year of our Lord one thousand seven hundred and seventy-four [1774] that is to say at Westminster aforesaid in the said county of Middlesex. And the said George further says that the said horse called Minster did not at such next meeting run against the said horse called Trentham but the owner of the said horse called Minister then and there to wit on the same day and year last aforesaid at Westminster aforesaid refused to permit or suffer his said horse called Minister to run against the said Horse called Trentham and the [?] there paid forfeit to the owners of the said horse called Trentham for the same and thereby the said horse called Trentham the [?] there to wit   on the same day and year last aforesaid at Westminster aforesaid did win of the said horse called Minister. And the said George further says that the said horse called Membrino did not at such next meeting run against the said horse called Pumking but  the owner of the said horse called Membrino then and there to wit on the same day and year last aforesaid at Westminster aforesaid refused to permit or suffer his said horse called

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Membrino to run against the said Horse called Pumking and the [?] there paid forfeit to the owners of the said horse called Pumking for the same and thereby the said horse called Pumking the [?] there to wit   on the same day and year last aforesaid at Westminster aforesaid did win of the said horse called Membrino.

Whereof the said John afterwards to wit on the same day and year last aforesaid at Westminster aforesaid had notice by reason of the promises he the said John became liable to pay and ought to pay to the said George the said sum of four hundred guineas but the said John not regarding his promise and undertaking by him made as aforesaid but contriving and fraudulently intending craftily and subtlety to deceive and defraud the said George in this behalf hath not paid to the said George the said sum of four hundred guineas or any part thereof although he the said John afterwards to wit on the same day and year last aforesaid at Westminster aforesaid in the said county was requested by the said George to do. But to pay the same or any part thereof to the said George he the said John hath hither to wholly refused and still doth refuse to the damage of the said George of five hundred pounds thereof bring suit.

Demurrer

And now at this day that is to say on Friday next after the morrow of the Holy Trinity in this same term to which day the said John had leave to Impark to the said Bill and then to answer the same as he should be advised before our Lord the King at Westminster come as well the said George by his attorney aforesaid as the said John by George JOLLIFFE his attorney. And the said John defends the wrong and Injury whence and says that the said declaration and the matters therein contained are not sufficient in law for the said George to have his aforesaid action thereof maintained against him to which said declaration in manner and form as the same is above made and set forth he the said John is not under necessity or in any wise bound by the law of the land to answer unto. And this he is ready to verify wherefore for want of sufficient declaration in this behalf the said John prays judgement and that the said George may be barred from having his aforesaid action maintained against him.

Joiner

And the said George saith that by anything by the said John above alleged he ought not to be barred from having his said action against the said John because he saith that the said declaration and the matters therein contained are sufficient in law for the said George to have his aforesaid action thereof maintained against him the said John which said declaration and the matter therein contained the said George is ready to verify prove as the Court shall award. And because the said John hath not answered the said declaration nor hitherto need the same the said George prays judgement and his damages by reason of the promises to be adjudged to him. But because the Court of the Lord the King nowhere is not yet advised what judgement to give in the premises a day is therefore given to the said parties to come before our Lord the King at Westminster until [blank] next after [blank] to hear judgement thereon for that the Court of the said Lord the King now here is not yet advised thereof.

F BULLER.

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