JB/106/112/001

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9 March 1807

assuming the non-existence of force in the execution occasion of the
signature of a given instrument of contract, and therefore thereupon
holding it for pronouncing it obligatory: to a decision on the part of another Judge
assuming the existence of force on the same individual occasion
and thereupon allowing the circumstance in the character
of the exemptive circumstance, and invalidating thereupon pronouncing
it unobligatory: a repugnant decision, grounded in the
same word in the text of the law and therefore one of them
a misdecision, and that is the matter of law.

Now as to the matter of fact. In a case of the above
description, evidence testimony stating that on the part of the
individual by whom the force was is alledged to have been applied,
such and such words were on the occasion in question
addressed to the individual by to whom the force is alledged
to have been applied. The Does it appear probable
that the words alledged, or words of the same import
were so employed? – this is one question concerning the
matter of fact. Admitting the words to have been a Supposing the word employed, does
it appear probable that any such impression as is supposed
was actually made upon the defendant, insomuch that had
it not been for those words or others of the like import, the
would not signature operating would not have been made instrument
of contract would never have been signed by him? – here
we have another question of fact.

Identifier: | JB/106/112/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-09	Marginal Summary Numbering	5-6
Box	106	Main Headings	scotch reform
Folio number	112	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c8 / e3
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34700
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