A. borrowed DEBT, by the payees against the maker of a pro a sum of mo ney from a loan society, and the defendant joined him in a joint and several promissory note for the amount. At the time of the loan a printed book missory note, dated the 18th of November 1840, for 10%., payable at two months date. Pleas: first, non fecit; whereupon issued was joined. Secondly, that the note was made by the defendant, and delivered to the plaintiffs as trustees and agents to a society of persons whose names were to the defendant unknown, carrying on business, as a loan society, by the name of "The Holborn Loan and Investment Society," for the purpose of securing to the plaintiffs, as such of the society's trustees and agents, the repayment of a certain loan and sum of money, to wit, 91. 4s., then lent and advanced by the said society to one Richard Thornton, together with certain interest thereon; that it was at the time of lending the said money, and of making the said note, to wit, on the 18th of November 1840, agreed in writing between the plaintiffs, the defendant, the said R. Thornton, and the said society, that the said loan and interest, rules was given to the fault by the be given to the surety, and that if the money was not then paid, legal proceedings would be taken. The book was not signed. Held, that these rules did not constitute an agreement in writing contemporaneous with the note, so as to be admissible to vary the contract on the note. Semble, that if the rules had been admissible as such an agreement, they would not have sustained a plea, alleging "that if the money was not paid after notice to the surety legal proceedings would be taken, but not before.” amounting together to 10%. 4s., should be repaid to the said society by R. Thornton, by instalments of 4s. each; the first instalment to be paid on Thursday next after the said loan was granted, and to be continued on each succeeding Thursday until the whole of the said sum of 10%. 4s. should be repaid; and that if R. Thornton should make default in payment of two instalments, notice by post or otherwise should be sent to him; and that if he did not pay the arrears within the time therein specified, the defendants should be written to; and that if the money was not paid according to such letter or notice, legal proceedings should be taken upon the said note, but not before; that the defendant then made the said note and delivered the same to the plaintiffs, and the plaintiffs then received the same from the defendant upon the terms and conditions in the said agreement contained, and upon the faith and understanding that the same should be observed and performed. Nevertheless, the defendant never had any letter or notice of the default of R. Thornton at any time before the commencement of this suit, either from the plaintiffs or from the said society, as required by the said agreement. Verification. Thirdly, as to 57. 4s., parcel, &c., payment before action brought. Fourthly, as to 5l., the residue due upon the note, payment after action brought. The replication traversed the agreement set up by the second plea, and the payments alleged in the third and last pleas respectively. Whereupon issue was joined. At the trial before Coltman J., at the sittings at Westminster after last Hilary term, the following facts appeared. The note upon which the action was brought, was a joint and several note of Thornton, (mentioned in the pleadings,) the defendant, and one Orpwood. The consider 1842. BROWN บ. LANGLEY. 1842. BROWN บ. ation for the note was a loan from a society, called "The Holborn Loan and Investment Society" (a) to Thornton, of 107. 4s., the amount of the note; but of this sum LANGLEY. Thornton only received 97. 3s.; the difference being retained partly as discount and partly as the price charged for a book containing the regulations of the society. The loan was to be repaid by fifty-one weekly instalments of 4s. The defendant and Orpwood had joined in the note as sureties to Thornton. The latter had paid twentyfive instalments and then had made default; whereupon the present action was brought. The book of regulations having been produced in evidence by the plaintiffs, the following rules were relied upon by the defendant in support of the second plea. "Loans will be made in sums exceeding 107., upon approved surety, to be repaid by weekly instalments within twelve months, for which 2s. in the pound will be charged as discount, and must be paid at the time the loan is advanced, and security given for the repayment thereof by a joint promissory note of the borrower and two or more approved sureties; to be made only to persons whose character and circumstances afford a reasonable guarantee that the money will be usefully employed, so as to enable the borrower to meet the instalments regularly as they become due, to be made in the following manner: "On 107. 4s. ; for twelve months 4s. "On 157. &c. reach week for which it is re and so in proportion to the amount and length of time. "The repayments of the instalments to commence (a) The society was not inrolled under the statutes 5 & 6 W. 4. c. 23., and 3 & 4 Vict. c. 110. the first Thursday after the loan is granted, and to be continued every succeeding Thursday, at the office, between the hours of ten in the morning and six in the evening, until the loan is repaid, at which time the borrower must produce his or her book, in which the repayment will be entered and the receipt acknowledged by the signature of the officer in attendance. "A fine of 1d. on each shilling per week for forbearance will be charged on such instalments as shall be in arrear. "Notice by post or otherwise will be sent after the second default to the borrower; and if the arrears be not paid by the time therein specified, the surety or sureties will be written to, for which 4d. will be charged for each letter to borrower, surety or sureties, post paid; and if the money be not paid according to such letter or notice, legal proceedings will be taken against the several parties for the amount remaining unpaid. "In order to give the necessary information to borrowers, these rules and regulations, with leaves properly ruled for entering the repayments, shall be published at the charge of 1s., to be purchased by every person to whom a loan shall be granted." It was contended, on the part of the plaintiffs, that as these rules were not signed, they did not constitute any such agreement in writing, as was alleged in the second plea; or that, even if they did amount to such an agreement, the defendant could not avail himself of it to vary, by extrinsic evidence, the contract in the promissory note. The learned judge was of opinion that as the book was handed to the borrower at the time of the loan, it might be considered as evidence of the agreement under which all parties acted with reference to the note. It was admitted that Thornton had paid 57. 4s. before action brought; and it was proved that Orpwood (who 1842. BROWN V. LANGLEY. 1842. BROWN v. had also been sued) had since paid the residue, minus 1s., which, by an arrangement between Orpwood and the plaintiffs, remained unpaid, in order that the latter LANGLEY. might be able to proceed with the present action against the defendant, who had refused to pay the costs. The verdict, under his lordship's direction, was returned for the plaintiffs on the first and third issues, and for the defendant on the second and fourth, leave being reserved to the plaintiffs to move to enter a verdict for themselves also upon the second issue, if the court should be of opinion that the evidence was not sufficient to sustain the second plea. Talfourd Serjt., in last Easter term, obtained a rule nisi accordingly. He cited Hoare v. Graham (a), Rawson v. Walker (b), Moseley v. Hanford (e), and Foster v. Jolly. (d) [Tindal C. J., a tthe time the rule was granted, referred to Bowerbank v. Monteiro (e); and his lordship said that, although the general rule was that the absolute contract contained in a bill or note could not be varied by a parol agreement, the rule did not apply to a contemporaneous agreement in writing between the parties; and that the present rule was only granted upon the question whether there was such an agreement in this case.] Bompas Serjt. now shewed cause. The book of the rules of the society, which was given to Thornton at the time of the loan, may be considered as the real agreement between the parties, upon which they consented to act, and did in truth act, during the whole transaction. [Tindal C. J. The book is not signed by any one.] The absence of a formal signature will not defeat the |