Willis J., 19 September 1839

Boyles v. Lahy. -- This was an action for a promissory note for £130.  The defendant had given the plaintiff notice to prove consideration.

The first witness called was a man named Campbell, a clerk to the plaintiff, who swore that he wrote the note, and that the defendant signed it.  In cross-examination he said that the plaintiff was a publican at Bathurst, and that the defendant had been residing at his house about a month, when he signed the note.  He was not dead drunk when he signed it, nor was he perfectly sober, but he was sober enough to consider that he was writing his own name, and to know what he was about; he had been drinking two or three days, and been corrobarying with the blacks; when he was asked whether he would have the bill drawn at three months or on demand, he said on demand; the account was not read over to him because he said he was satisfied.  Two witnesses proved that they had received £10 19s. 9d. from the plaintiff on the defendant's account.  Boyd, a barman to the plaintiff said, that the defendant was stopping at his master's house in March or April 1838, about a month; he had a horse with him and at that time the keep of a horse was from eight shillings to ten shillings a day; when he signed the note the defendant had not had anything to drink for six or eight hours, he believed; in the morning the cook gave him two bottles of Champagne; he always drank Champage [sic] or wine, never spirits; when he first woke in the morning, he used generally to have two bottles of Champagne -- it was a regular thing; he used to lay a-bed all day, and drink all night; he was an old practitioner at Bathurst, and this was not the first £150 he had spent in a public-house; several friends of Lahy's had called to see him, but he was always a-bed; two policeman came and took him away from the house, telling him that his wife had been confined.

His Honor told the Assessors that he thought the note was altogether fraudulent -- the defendant evidently not being in a fit state to know what he was about when he signed it.  Verdict for the defendant.

Counsel for the plaintiff, Messrs. a'Beckett and Cheeke; for the defendant, Mr. Windeyer.