case smith versus burrow loader all Feb pre Ch Eq can ab S c one just come of  age entitle to a estate of pound per and be draw into a statute for pound upon  which he receive only pound be relieve upon the circumstance of fraud the  plaintiff be just come of age and entitle to a real estate of pound per and  and upward but then in possession of trustee for the raise of portion for  young child and want pound propose to take it up upon a mortgage of some part  of his real estate but loader the scrivener persuade he that it may be better  do and with less trouble by give only a recognizance for repayment of it  Vernon chancery case and it likewise appear by proof in the cause that the  plaintiff smith all along declare he will have the money of a gentleman and  not of a mechanic as his expression be because then he may expect  gentlemanlike usage however loader the scrivener concert the matter between he  and the other defendant Burroughs a vintner that Burroughs do not appear as  the lender but pretend to act as on the behalf of a friend and acquaintance of  his a gentleman that live in the country smith the plaintiff together with  loader the scrivener who ready offer to be bind for his customer both enter  into the statute be pay to smith in goldsmith bill more offer to be pay in  guinea but be then of uncertain value Mr smith will not take they at the rate  they then go and be by agreement to have come the next day for the residue of  the money but the meeting be put off and several disappointment happen from  time to time at length the pound before lend be make up pound by pay about  pound in money to loader and discount a old debt he owe Burroughs and by a  parcel of wine which Burroughs put off to loader at the price of pound though  after sell for pound and accord to the proof in the cause be not worth above  pound the plaintiff bill be to be relieve against the fraud the question be  whether the plaintiff shall be bind by the payment make to loader of pound in  wine and pound in money and by discount of a old debt or whether he shall only  repay the pound and interest receive by himself it be insist for the defendant  Burroughs that loader be the plaintiff scrivener and agent in this matter and  trust by he and therefore in that respect the plaintiff ought to be bind by  what loader do and pretend he will have pay the whole Vernon chancery case er  p in specie and provide money for that purpose but that loader hose to have  wine and Vernon chancery case offer to discount his own debt and there be some  proof in the cause to that effect and it be further insist that if loader be  not to be consider as agent for the plaintiff and as a person trust by he yet  in regard loader be as well bind in the statute as the plaintiff as he be  joint cognisor with the plaintiff a payment make to either of the cognisors of  the statute ought as to the defendant Burroughs to be allow as a good payment  but it be answer that Burroughs know the plaintiff smith be the borrower that  he intend to have have it on a mortgage and of a country gentleman and that he  be a party to the contrivance in alter the security propose from a mortgage to  a statute and if loader have be empower and entrust by the plaintiff smith to  receive the money it be never intend that his own debt shall have be discount  nor have he any authority to take wine in lieu of money per cur decree that  the plaintiff shall be relieve on payment of the pound and interest and a  perpetual injunction against the statute as to any further demand thereon  against the plaintiff vide not v Johnson ante p and case cite in note there