Document 86 Letter from J Letteney to R A Heron, 22 February 1788
| 189 | ||||
| D Sr | ||||
| Errington v Aynsely & ors. This cause came to be | ||||
| heard this morning, before his Honr. the Master of the Rolls | ||||
| who sat for the Chanclr. We did not like this, considering | ||||
| the opinion which he gave, on the Plfs Case, when he was | ||||
| at the Bar. But we were agreably surprisd to find him | ||||
| take the matter up, with the same kind of warmth | ||||
| R A Heron* | which the Chancellor did, when we movd for and got | |||
| Newcastle upon Tyne | that Injunction. On the opening of the Bill, He addressed | |||
| himself to Mr Attorney Genl., the Leader for the Defends. | ||||
| and expressd his Sorrow that a County, and the opulent | ||||
| County of Northd. too, should have entered into such a | ||||
| contest with an Individual, and recomendd. it to Mr. Atty | ||||
| to consent to this Cause standing over till next term | ||||
| that a compromise might be affected. Mr Atty, notwg | ||||
| [profsd?] to go on with the cause and his Honor with | ||||
| great warmth orderd him to proceed. After hearing | ||||
| the Plts. Cause and the Plts Evidence, he again addressed | ||||
| himself to Mr. Attorney, & askd him, if he had any | ||||
| objections to an issue quant damt to be tryd at York | ||||
| This was objected to, and it was contended by Defends | ||||
| Counsel that the sum of 9000, mentd in the Bond, was | ||||
| the assess'd damages, and that the Plts. Bill ought to | ||||
| be dismissd. His Honor however was of a different | ||||
| opinion and to show the Defts Counsel that the 9000 | ||||
| was a penalty*, He put this Case, suppose sd he | ||||
| that the Bridge had not be thrown down, but a | ||||
| partial damage had been sustained for the amount | ||||
| of 100L. woud the County claim the 9000L? He [reason'd?] | ||||
| some cases, strongly in point. The Defendts evidence | ||||
| was read, When His Honr sd. that he woud not give | ||||
| Judgmt till next term, before which time there | ||||
| wou'd be a Sessions for the County, and he hop'd | ||||
| the wise deliberations of the Justices wou'd |
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| render it unnecessary. I am | ||||
| Dr Sr Yrs J L Letteney | ||||
| 22 Febry 1788 | ||||
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Transcribed by RMS and CTW