Page:Federal Reporter, 1st Series, Volume 7.djvu/37

 BBIDOES O. SHELItO;^. 25 �course and consummation of the transaction. If this should mean that he was given io so und^tand by.the defendants, then they would be bound by the representation 80 far as it would bind,thein ; but the master does net say that, nor that they were responsible for the circumstances, course, and con- summation froni which he so understood. Wbat they gave him to understand is afterwards expressly stated in the re- port to have been, that they were buying the notes to aid and favor him, and that he would realize a pecuniary saving ^s the resuit. This, apparently, was true. The notes in the hands of Morgaji were a great embarrassment to the oratcr, and to have them transferred to the defendants, who would be inter- ested not to embarrass him isfith them, was doubtless a favor to him, and a saving from pecuniary loss. The langua.ge of the report is oareful and exact, and it nowhere goes so far as to say that the defendants undertook to buy these notes for the orator. But, even if they had expressly said to the orator that they would buy the notes and let him have them for wbat they.cost, it is difficult t,o see where there is any con- sideration to bind them to do it. He gave them nothing for buying the notes. He exerted himself to bring about the result, but he was at work for himself, and not for them. He gave bis own note for $2,00p to Morgan to induce him to sell to the defendants, but he did not do it at the request or by the procurement of the defendants. He did that to procure Morgan to sell. Nor was he deceived into giving this note by the conduct of the defendants. He deceived them by keeping that fact from them, not they him. �It is argued that the orator has a right to the notes for what they cost, because, it is said, that the defendants paid them with bis money. But this is not true in fact. The defendants paid for the notes with their notes, and paid their notes with their own money. They had no money of the orator's then, nor have they had since, to apply on payment for these notes, except that now in controversy. The very question here is about how that money shall be applied, because it has not been applied before. Considerable stress ��� �