Ashburnham v Bradshaw
| Jurisdiction | England & Wales |
| Judgment Date | 26 April 1740 |
| Date | 26 April 1740 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 418
HIGH COURT OF CHANCERY
[34] Case 22. - brooke, Ex itor of hobaiit, v. gally, April the 25th, 1740, & Easter Term. S. C. Barn. Ch. Rep. 1. - A school-boy contracts a debt of 59 for burgundy, champaign, claret, &c. , with G. a victualler, in five months time ; in a few days after he came of age, G. prevails on him to give a note for the 59, without producing any account, or delivering him a bill. Lord Hardwicke, upon the circumstance of the case, decreed the note to be delivered up to be cancelled. The bill was brought by the plaintiffs, as executor of Hobart, against the defendant, to have a note delivered up to be cancelled (which Hobart had given to the defendant), upon a charge of fraud and imposition. Lord Chancellor stated the case in the following manner. A young gentleman, admitte^. to be an infant, and known to be a school-boy at Montigniack's French school, jiear Oxford chapel, takes it into his head to resort to Gally's coffee-house, or rathey victualling-house, as all sorts of meat and liquors were sold there ; and the master cK it suffers a school-boy, just turned of twenty, to contract a debt of fifty-nine pounds, in the space of five months, from April 1735 to the September following, when his allowance in pocket-money by the guardian was only seven shillings a-week, and in my opinion very sufficient. The things for which he contracted the debt, were for meat either for himself, his friends, or his dog, or for liquors sent to his lodging, which was the school ; in one day claret to the amount of 3, burgundy 1, 10s., champaign 2, 7s., in the whole 6, 17s. 1, 15s. was charged another day for rack punch sent to his lodgings ; another day coffee and jellies, which, if it had rested there, might have been excusable, if done once or twice only ; but it was by no means commendable to give an infant such long credit as six months for even these things. The defendant's telling Mr. Montigniack when he came to inquire after his scholars' behaviour, that it was no business of his, was a very improper answer to the schoolmaster, and an evidence that he was doing wrong, and wanted to conceal it. As to the young man himself, he appears to have been often in liquor, and the fact speaks itself, considering the great quantity of wine, &c., which were so frequently sent him. In two or three days at most after Hobart came of age, Gaily prevails upon him to give a note for the 59, though no account...
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