Anyhow, judgment for the Defendants, and John Kosciusko beaten on points.
Against this judgment the Plaintiff appealed, and Petre v. Blagden was taken to the Court of Appeal upon the two points, (a) that the original negoce was not that of Merchaunts Libres nor of New Livery, (b) that the transit was not of Goods in Marque but of Instrument sole.
The Lords Justices of the Court of Appeal reversed the judgment of the lower Court (Mr. Justice Cubber dissenting). They pointed out that the acts complained of were obviously not done in Free Cloison, and admitted “Merchaunts Libres.” But they left Livery open, as being free to either party regardant.
The Press vigorously applauded the common sense and justice of this judgment.
The most ignorant layman can grasp the effect of this last point upon the issues involved. It meant, in practice, that Mr. John K. Petre had Record of Relief Non Obstante; that is, he had the technical decision in his favor. But he could not recover what the old Law called (before the Consolidating Act of 22 Vic. 15) “Damnification Personal”; in plain English, he could not proceed to enforce Seizin Virtual and in Plein; or, as Mr. John K. Petre’s solicitor explained to him in the simplest possible terms, he could not get any money out of Mr. Blagden, and he was left, of course, to bear the costs of the action.
The anger of John Kosciusko on hearing this upshot of the affair was terrible to witness.
He used the most extravagant language against the Majestic Fabric of British Jurisprudence, and passed all bounds in his abuse of our Courts and Magistrates. He seemed quite to forget that he was our guest, and sorely tried the patience of his legal adviser, Mr. Jacob King, devoted though he was to the financier’s service.
“See here,” the Rotor King—I mean Baron—began, when the first paroxysm of his indignation had subsided, “hev I got to gi’ back home to Summit with nothing out of that skunk, and all this fall wasted? Is that what you call progress? How d’ye do it? If it wasn’t for the principle of the thing, I’d never want to hear the name of your town again! I’d get quit of this place for good. Why! sir! There’s not a coon court on our continent that couldn’t give a plain verdict on a thing like that! Why ain’t the fellow jailed? But I’m coming back! Don’t you think you’re rid of me; no! There’s some way round it, and I’ll take it till I burst him! I’ll send a man here and start a paper. I’ll track his holdings and wreck ’em. I’ll....”
Mr. Jacob King dammed the torrent with the remark that there was still the House of Lords.
“Still the what?” said the angry man of millions.