1777-11-25 (static/transcriptions/1777/11/024.jpg)

1777. Sittings. [Tuesday] Nov. 25.

But after the case was over, Impey said to me, but not aloud to be heard by all the Court “I believe I should have come over to your opinion”. This was on my stating further in discourse to him in his ear, not aloud, that if this Doctrine of Lady Exeter’s case should be understood, to prevail when the question of whose use the money was for, was not between the Plaintiff and a third person, but only between Plaintiff and defendant, that the common case of recovering back the fees of an office, could never have existed: for there the intention of the Defendant could never be to receive the Money to the use of the Plaintiff, but to another use, that is to his own use.
Note. In this case, and very frequently I have written the Note of One Case, while another cause been going on, Generally from my memory some times from Short Notes. I always write as precisely as I can the sence of what passed: Except when I distinguish what I write as only my own observation, not spoken aloud, or not spoken at all. I some times also make short memoranda either on the left hand leaf of my book or [on?] loose Sheets of Paper, from which
I write