7 June 1803

Evidence

Times 6 June 1803

Court of King's Bench, June 4, Sittings before Lord Ellenborough and Special Juries. Pybus and others v. Dunel.

Mr Gibbs stated that this action was brought by the Plaintiffs, who are Bauliers in London, against the Defendant, who was surety for Mr Wonson[?], who was a Banker at Pontefrait, to recover the amount of a Bond for ,500 which was given so long ago as the year 1785. The Defendant had pleaded this bond was not his deed, although in his answer in Chancery (for this business was in that Court) he had fully admitted it. There were two subscribing witnesses to this bond, but they could not be found, and therefor Mr Gibbs proposed to read the defendant's answer in Chancery, in order to prove the bond was executed by him. He said every search had been made after the subscribing witnesses, and they had not been able to find them.

After some evidence had been produced, it appeared that due diligence had not been [...?] to find out these witnesses, and Lord Ellenborough observed, that unless they were dead, or residing in some foreign country, he could not dispence with their absence. A subscribing witness might prove fifty things; he might prove the Defendant was drunk when he executed the bond, which would answer to the action on a plea of non est factum.

Plaintiff nonsuited