baldwin and alder versus Rochfort in chancery contract with two sailor for the  sale of their prize money set aside on the foot of imposition and public  inconvenience the plaintiff be sailor on board the prince Frederic privateer  which take a great prize call the marquis do Antin the cargo whereof be chief  gold and carry her into Kinsale in Ireland while they be in that harbour the  two plaintiff get on shore and have there run into debt send to their captain  to desire he will advance they ten pound in part of their share of the prize  money which he refuse to do and threaten to prick they as run away from the  ship the defendant know this and the circumstance they be in offer to buy  their share of the prize at the same time represent to they the danger they be  in of lose they either in case they be prick by the captain as run away or if  the prize shall happen to be retake before she get to England tell they the  breast fleet be out c whereupon and in consideration of pay to Baldwin and of  to Alder they assign their respective share of the prize and of what they may  afterward become entitle to to the defendant and it come out that the  plaintiff share amount to about apiece and that the defendant know this the  plaintiff have therefore bring their bill to be relieve against this bargain  upon the foot of imposition and public inconvenience in case such bargain be  suffer to stand and set forth the matter as above which be prove for the  defendant it be insist that he run of great risk for that possible the share  may be less than what he have real give for they and that before the prize can  be get safe into some English port there be both the danger of the sea and of  the enemy and if she be lose or retake he will lose all his money Lord  chancellor the general head of equity which the bill go upon be fraud and  imposition and be it here be a presumption of fraud arise from the  circumstance appear in the cause and the great value of the thing sell in  proportion to the small price pay for it and although it be general lie down  both at law and in this court that fraud shall never be presume Wilson king  bench yet a evidence of fraud may arise from the circumstance and nature of  the contract dly here be actual fraud prove and appear upon the face of the  bargain and be it here be a evidence of fraud appear upon the circumstance of  the contract from the inequality of the price to the value of the thing sell  if the plaintiff Baldwin be a quartermaster as it seem he be it be admit his  share will be about if he be only a common man and the other plaintiff share  be about so that one plaintiff have sell his share for about a four and the  other for little more than a four of the value in the case of marriage brocage  bind contract with young heir c this court constant set aside such bargain  upon Wilson king bench er p the principle of public policy and because of the  great inconvenience such contract will be to the public if they be suffer to  be valid there can be a more useful set of man to the public nor a more  unthinking sort of people than common sailor who as soon as ever they get on  shore for the sake of a little immediate pleasure be Willing to part with  their right to any thing in expectation for a very little in possession and  this be the sense of the legislature both from the stat geo and the geo c  whereby they have take notice of they as a set of man not fit to take care of  themselves and therefore have take care of they against themselves I do not  say that every contract with a sailor be void or ought to be set aside but  every contract with they must be fair a sailor shall not be hold to bail for  less than and therefore nobody will lend one of they twenty shilling unless be  give his note for which none of they ever refuse and do it every day in  Wapping which show what I have before say to be true that they will do any  thing for a little ready money to enable they to take their pleasure it have  late be determine that assignment of this kind be good at law and give the  assignee a legal demand against the agent for the ship for money receive for  the assignee use though a court of equity may relieve in some case but this I  think be go a great way and the stat geo be make to prevent the expense of  suit in equity as to the inequality of the price pay it be say for the  defendant that can be no reason to set aside the contract consider the risk he  run of lose his money and although by the Roman law the contract be void when  the price pay be not half the value of the thing sell yet that law be never  establish in England nor do our law fix any certain proportion that the rice  shall bear to the thing Wilson king bench in answer to this I think that alone  without any other matter appear in the case will not be a reason to set aside  the contract in this case but take all the circumstance together and connected  in space to help that it appear the defendant have make inquiry into the value  of the share and apply for that purpose to the captain have tell the plaintiff  they be in danger of be prick run away and alarm they with the danger of enemy  and the sea show plain there be imposition so it appear the defendant most  probable know the value of the share better than the plaintiff for though one  of they be a quartermaster yet it do not follow from thence that he know the  value for the beadofficers endeavour to keep that a secret as much as possible  from every body in the ship for reason obvious to any one as to any hazard the  defendant may run that be nothing because it appear the share be insure at per  cent from Kinsale to London dly the assignment itself be pretty extraordinary  it be all and singular such share of pay wage bountymoney prizemoney  plundermoney and all money as now be or hereafter shall bepayable to I out of  the prince Frederic and duke privateer now the plundermoney be a distinct  thing and may take in what these person may be entitle to by go in these  privateer at any time afterward this show a bad intention in the defendant and  that plaintiff do not mind what they be do and that the defendant be very  sharp and be some evidence of actual fraud I upon the whole the plaintiff must  be relieve and therefore I order the assignment to be set aside but not so  absolute but that it shall stand as a security for what be due to the  defendant Rochfort and that he shall only have his principal money with  interest at per cent and that the manager of the prize shall pay the plaintiff  the rest of their share that Rochfort shall pay plaintiff their cost as  between they and he till this time and that the plaintiff shall pay the  manager their cost to this time