462 
VET E K I NARY J URISPRUDENCE . 
Now, Mr. Thornton was one who disapproved of the whole transaction, 
from beginning to end ; nor was he singular in his disapprobation ; for it 
seemed that Lord George Bentinek had also expressed his disapprobation of 
it in strong terms. However, Mr. Thornton determined not to oppose any 
obstacle to the settlement of Mr. Gurney’s account, if it were possible 
to settle it, and he accordingly wrote the following answer to the applica- 
tion : — 
Old Sivan, June 18. 
“Gentlemen, — It appears to me you are acting in the capacity of as- 
signees to Mr. Gurney, and are anxious to make as good a dividend as you 
can. However, on handing me a copy of Mr. Gurney’s Epsom account, say 
debtor and creditor, and signing the memorandum at foot, I will instantly 
pay into the hands of either Mr. Cloves, Mr. Crockford, or Mr. Heaphy, the 
amount claimed of me. 
“ I am, &c. 
“ Richard Thornton.” 
To this letter was annexed the following guarantee : — 
“ Mr. Thornton having paid conditionally to Mr. the sum of 
£ , it is agreed that said sum shall be paid to us, provided Mr. Gur- 
ney shall pay all and every claim on him in full on his Epsom account, on or 
before — November next ; but in the event of his not paying every creditor 
20s. in the pound within the said period, including the gentlemen having the 
arrangement, then it is understood and agreed that the. amount shall be re- 
turned to Mr. Thornton.” 
That guarantee, therefore, it would be seen proceeded on the footing that 
Mr. Thornton did not consider himself bound to pay, unless Gurney paid 
the bets due from him; but that if a guarantee to that effect were given, 
then he would at once pay the amount due from him. On. the 22d of June, 
Mr. Portman and Mr. Beale called on Mr. Thornton; they agreed to give 
this guarantee ; it was signed, and plaintiff paid over to them a checque for 
o£1250, and gave them an order for d6T00 on a person named Adkins. 
Messrs. Portman and Beale signed the account and the guarantee, by which 
they vvere to pay Gurney’s losses on or before the last day of the Houghton 
Meeting, and if not paid in full, the money was to be returned to Mr. Thorn- 
ton. It subsequently appeared, that many of these creditors were paid in 
full, in which number was Mr. Byng. Others who had not the same degree 
of influence, instead of being paid in full, received 10s. in the pound; but 
even amongst this class, the composition was not all the same; for some 
had received 20s., others 10s., and some again as low as 7$. in the pound. 
When this became known, an application was made to Messrs. Portman, 
Beale, and Clarke, to know whether they had fulfilled their contract; it 
turned out they had not done so ; they had not paid Mr. Gurney’s creditors 
in full; as some had received only 7 s., others 10s. in the pound. The conse- 
quence was, that Mr. Thornton said he would not put up with it ; he had 
paid the money on the understanding that Gurney’s creditors should be paid 
in full, and not by a composition with his creditors; he demanded to be re- 
paid his money, and not getting it, he brought his action in this court, and 
got a verdict for it. It was hoped that this would have put an end to the 
matter: but it was not so ; for the defendants thought fit to publish in The 
Times , the Morning' Herald , and other papers, the libel which formed the 
subject of the present action, and they directed Mr. Weatherby, their secre- 
tary, to send it to The Times , the Morning Herald , and other papers, with 
a letter requesting that it should be inserted in their earliest numbers. The 
learned counsel then read Weatherby’s letter and the libel in question, which 
was in the following words : — 
