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YB 0UBL E5 W IT H WltON.

COURT OF KING'S BENCH, )L…

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COURT OF KING'S BENCH, )L UECEMBEK 7.. « OWEN ,.v. PARR Y.lND WAHDCE, ESQS. Mr. Parke stated this to be an action brought, by the Plaintiff, an auctioneer in the country, to recover froei Parry Jones Parry, Esq, and Gwiliiam ij/loyd Wafdie,- Esq. indemnity for a loss he had sustained in conse- quence of having been employed to sell an Estate ill the courtly A)f A w.Ititli,beloitged-to the defendants, as de-vif-ees of arMther gentteman of the name of, It would appear that at, appointed for tlbe, sile, a sealed pa per' was laid on ilte iaWe, specilyiag a I)articti- Iar sum, to which, u" (hu b.ditings should not amount, the eitn'o »i"i not to be esteemed as sold. planiiitT, who \và .s a young man, was startled at this pmceettib^ because as the Aucti- on Duty fell, on th« a*»ctioi)eer, aod he did not know whether duty was or was not payable in snch a-case- a-, this, in the event of C, siliri in, the scaled packet e\^td.nfi the t rict1 offered, he was afraid th it the tin y i i h b' exacted from him, withouthis hivuis any clainiupoh the defendants to relieve- him. Mr. Ellis,- wha acted at the sale as Agent for both tiie defendants Mr. Part-y be- irifr also present,assured the plaintiff, that in such a case no duty way payable, a diiiiib bidder being perfectly allowable. The plaintiff, however, not being satisfied wi 'fli this assurance, Mr. Ellis un- dertook for the defendants .that they should keep :he iff harmless. Proceedings were after- warids had against the plaintiff in Exchequer for the penalties, and his bond had been put in suit. It was to recover the indemnity thus promised to 'he plaintitf rhat the present ;>cti.on was brought. Lord Idlenborough said an to in- demnify from penalties was void in itself: Mr. Garrow (who held the Attorlicy-Genertlls brief for the defendants) said, they had still another defence. There was here 110 joint under- taking. Mi. Parke said, Ellis was the Agent of both the defendants. Lot-,i Ellenboroiigh.-Il 'I'bii would not war- rant an engagement of kifldj it beinf In itself iUegaf." -fc. Mr. Came#, Wa* also ^Counsel for the plaintiff, stated that there was a count in the i, declaration in which nothing illegal appeared, bnt it was charged, that the undertaking was to relieve the plaintiff of the Duties. Lord Elleaborough said, that surely was a le- gal undertaking, and he should hear what the plaititiif's witnesses could say. Mr. Garrow, observed, that the penalties seemed to have been sued for in Jlilary Term, 1802, (when his Lordship was Attorney General), though he presumed his Lordship had forgot it. Mr. Grindley, Clerk of the Peace for thecowi- ty of Anglesea-j was about to prove an undertak- ingby Mr. Ellis, as agent for Mr. Wardle, hut Mr. Wardle not being present at the time, and Mr. Ellis being dead, so that Mr, Wardle's au- thority to Mr. Ellis to enter into the undertaking could not be proved, the evidence was deexiied in- !adll1i3s¡bk. The plaintiff was accordingly; Bon-suited.

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