brook and galley April Robert Hobart a infant about eighteen year of age be  place by his grandfather who be his guardian at a academy of Mr Montiniacks in  marylebon while he be there he be allow by his guardian seven shilling a week  for pocket expense but not be very well please at the manner of dress of  victual at Mr Montiniacks it be dress after the French fashion he have a mind  to get some provision somewhere else accord now and then he use to go to the  defendant galley who keep a coffeehouse and between the saint of April and the  that of September follow run up a pretty considerable score there at the time  the score be run up galley know that Hobart be a infant about twenty year of  age and know too that he be under the care of Mr Montiniack after this score  be run up Montiniack go to galley and inquire of he how much Hobart owe he  galley refuse to give he a account of it and tell he that it be not his  business to in Barnardiston choir another acquaintance of hobart go to galley  and ask he much the same sort of question galley refuse for half a hour  together give he any account of it at all but at last say it be about forty  shilling the grandfather of Hobart die and thereupon a short time after about  September Hobart go to Mr brook at Norwich who be his uncle while he be there  and about two month before he come of age galley send Hobart down a bill of  particular that he owe he in this bill there be a item of claret champaign and  Burgundy drink on the that of June amount to pound S d there be another item  of S for barbados water and a three for S for keep of his dog the rest of the  item consist chief of meat and drink that either Hobart alone have or that he  and his friend have at galley house the whole bill amount to pound S Hobart  come of age on the d or that of march follow and on that occasion make a  entertainment at a inn at Norwich galley take care to be down at that time and  ask Hobart for the money on the that of the same month Hobart give he a note  for it whereby he promise to pay the pound S upon demand a few year after  Hobart die and make brook his executor galley bring his action on this note  against brook and thereupon brook file the present bill against galley pray  that this note may be deliver up and that a injunction may be grant to stay  the proceed in that action Mr Noel argue on the part of the defendant and for  authority cite Abr of can in Eq Marlow and pitfield determine at the bolls in  the time of Lord Macclesfield and the case of Burton and Edward report in Leon  Lord chancellor say that there be two general question for his consideration  one arise on the transaction between Hobart and galley before the time that  Hobart come of age the other arise on the note that Hobart Barnardiston give  after he come of age with regard to the first of these question his lordship  observe that the circumstance attend that transaction be certain such as ought  to be this Barnardiston er p countenance by the court here be a young lad a  infant who by the law be under disability to make any contract other than for  necessary the reason that such person be under this restraint and that  contract make by they shall not be bind be not always on account of imposition  be actual make upon they but for the public consideration of the case that  they be liable to be impose on to consider then the nature of this part of the  present case here be a young gentleman a infant know to be so by the defendant  himself this young gentleman be place at a academy and that be know to the  defendant likewise the young gentleman be at this academy resort to the  defendant house this house of the defendant be a victuallinghouse as well as  it go under the name of a coffeehouse be a house of general entertainment the  debt be contract between the saint of April and the that of September follow  amount in the whole to pound S the infant have no occasion to run any score at  all be allow seven shilling a week by his guardian however so large a debt  contract by he and the whole contract upon credit every item in the bill be  for meat and drink for himself his friend and a dog some item of this bill his  lordship say be the most gross he ever see on the that of June there be one  item for claret champaign and Burgundy amount to pound S d on another day  there be a charge of S for barbados water and a three of S for keep the infant  dog the other item indeed be small and perhaps no great objection can be make  to they though even as to they it be not proper that they shall be run upon  credit it be admit that galley know that Hobart be a infant and that he be at  a academy for it be prove by Montiniack that he go to the defendant  Barnardiston S house and inquire of he how much Hobart owe he the defendant  refuse give he a account of it and tell he it be not his business to inquire  about it that be a very impertinent answer for the defendant to give and his  give such a answer show that he have a disposition to conceal the debt that be  contract there be another witness too that give a account of the same kind he  go to the defendant house and ask the same sort of question that Montiniack do  and it be half a hour before he can get a answer and then the defendant say  that it be about S that be owe he certain this young man be frequent in liquor  and easy to be impose on and these instance of concealment be a evidence of  such imposition it have be say that the infant use to eat at the defendant  house because he do not like the manner of the victual be dress at Montiniacks  house it be dress after the French fashion but that excuse be by no mean to be  admit of there be a evidence of a imposition on the infant from the nature of  the fact because otherwise no pretence can be give why this debt shall be  contract on credit and why there shall have be a concealment of the great part  of the demand these be circumstance which show the defendant intention to have  be mala fide his lordship say that he will now consider what alteration be  make in this matter by the give of the note it self the note be give within  two day after the infant come of age on this part of the case it have be true  say indeed that if a infant take up good or borrow money during his infancy  and after he come of age give a Notefor the money such note be good at law nor  if the infant after come of age make bare a promise to pay the money such  promise at law shall bind he but though this be so at law the question be  whether a case of this kind may not be so circumstance that it may be proper  for the plaintiff who be a executor to be relieve in this court it have be say  that the plaintiff by be a executor be only a Barnardiston voluntier and as  such be not entitle to relief Andit be indeed true that he be in no better  case than the party himself will have be that give the note but still he may  be entitle to relief the question be whether under the circumstance of the  present case the party himself that give the note will not have be entitle to  have be relieve against it his lordship say his opinion be that he will and  consequent that the executor be entitle to the same relief to consider the  fact which this part of the case depend on the infant a short time after the  debt be contract go to his uncle at Norwich the bill be send he down about two  month before he come of age he come of age on the d or that of march follow  the note be give on the that at most not above three day after he come of age  that circumstance of the note be be give so soon after the party come of age  be always a ingredient for the court be give relief where Barnardiston er p  the debt be contract under suspicious circumstance of a imposition be make  upon a infant at the time of give this note too no pretence be there that any  account be state between the infant and the defendant it be a strange thing  consider that this be a transaction carry on for the space of six month  together that the infant shall not have pay one shilling upon account during  all that time it be not prove that Hobart ha f the bill before he at the time  of give this note be indeed swear that a bill be deliver before he come of age  but it be not prove that the infant have that bill by he at the time of give  the note it have be say that no case can be cite that ever a executor come  into this court and obtain the relief which be desire in the present case but  if a rule shall once be lie down that in case of this sort there can be no  relief in this court there be five hundred person about this town that will  take advantage of this and lie in wait for the ruin of infant and there be  case that be in the reason of Barnardiston they similar to the present case  one be that of clandestine contract enter into in order to defeat the open  marriage agreement the ground of that case be for the benefit of the public in  order that good faith may be preserve in the open marriage contract and there  be the like sort of reason namely the public good for give relief in the  present case another instance of the like kind be that of the court be relieve  young heir who enter into contract for the sale of their estate before they  fall to they the court in that case relieve out of regard to the public good  and the public good require that the court shall relieve in such sort of case  as the present one and there be many instance where in such sort of case the  court have give relief in order to discourage such sort of contract the case  cite by the defendant counsel do not come up to the present one all these sort  of case depend upon their particular circumstance and in the present case his  lordship opinion be that the plaintiff ought to be relieve by have the note  deliver up on the other hand the defendant must have liberty to try at law how  much he can recover on a quantum to deserve for what he sell to the infant the  plaintiff must be oblige to admit asset as he have not dispute his have asset  in any part of his bill and so his lordship be please to decree accord