CHAPTER VII. 



FRAUDULENT CONTRACTS. 



In many cases, where aa attempt is made by one man "WKere the 



■ ■ - ■ - - law does n" 



iafcerfere. 



to overreach another, the law does not interfere ; because ^^"^ '^'"*^ ""* 



when it is a mere struggle between mind and mind, caution 

 and wariness, if fairly exercised, may often be held suffi- 

 cient to obviate the effects of cunning and duplicity («). 



But where several combine for the purpose of aiding and Where several 

 assisting each other in outwitting a single individual, there P'?'^^°°^ ""'"" 

 the parties stand on very different terms, and that which 

 ordinary prudence might otherwise prevent, becomes often- 

 times a dangerous and powerful conspiracy, difficult to be 

 detected, and most disastrous in its consequences (a). 



Where there is collusion between two or more to cheat Conspiracy to 

 in the sale of a horse, an indictment for a conspiracy may '^jj^* mdict- 

 be maintained {b), because it is such an offence as affects 

 the Public, and against which no ordinary care or prudence 

 can guard (c). 



But no indictment lies for a conspiracy without evidence There must be 

 either direct or indirect [d) of concert between the parties gg^jgjj^ " 

 to effectuate a fraud. Thus in the case of Bex v. Pijwell (e), 

 where a false warranty had been given, Lord EUenborough 

 directed an acquittal, because one of two defendants, 

 though acting in the sale, was not shown to have been 

 aware that a fraud was practised (/). 



So on an indictment against A., B., C, D., E., F., Gr., ^^'^^'^^^" 

 and H., for conspiracy to cheat M. by selling a giandered ij™rheld 

 horse as a sound horse, the evidence was that A. having iasu£a.cient. 

 previously cheated M. by selling him a kicking horse, the 

 defendants B., C, D., and E., obtained that horse from M. 

 in exchange for a giandered horse which he subsequently 

 sold. A. accompanied by G-., afterwards sold M. another 



[a) Reg. T. Bailey, iCox,G.C.Z91. (d) Beg. v. Read, 6 Cox, C. C. 



[b) Pasley t. Freeman, 3 T. E. 134. 



.58 ; 1 R. E. 634 ; Reg. v. Sheppard, {e) Rex v. Pywell, 1 Stark. N. P. 



9 C. & P. 123. C. 402. 



[c) Rex V. Wheatly, 2 Burr. (/) See Reg. v. Kenrieh, 5 Q. B. 

 1127. 62. 



