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Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Brief Contents

Unit One THE LEGAL ENVIRONMENT OF BUSINESS 1

Chapter 1 Law and Legal Reasoning 2
Chapter 2 Courts and Alternative Dispute Resolution 26
Chapter 3 Court Procedures 48
Chapter 4 Business and the Constitution 70
Chapter 5 Business Ethics 89

Unit Two TORTS AND CRIMES 111

Chapter 6 Tort Law 112
Chapter 7 Strict Liability and Product Liability 134
Chapter 8 Intellectual Property Rights 150
Chapter 9 Internet Law, Social Media, and Privacy 170
Chapter 10 Criminal Law and Cyber Crime 187

Unit Three CONTRACTS AND E-CONTRACTS 215

Chapter 11 Nature and Terminology 216
Chapter 12 Agreement in Traditional and E-Contracts 231
Chapter 13 Consideration 250
Chapter 14 Capacity and Legality 263
Chapter 15 Mistakes, Fraud, and Voluntary Consent 280
Chapter 16 The Writing Requirement in Our Digital World 295
Chapter 17 Third Party Rights 309
Chapter 18 Performance and Discharge 323
Chapter 19 Breach of Contract and Remedies 338

Unit Four DOMESTIC AND INTERNATIONAL SALES AND LEASE CONTRACTS 359
Chapter 20 The Formation of Sales and Lease Contracts 360
Chapter 21 Title, Risk, and Insurable Interest 387
Chapter 22 Performance and Breach of Sales and Lease Contracts 404
Chapter 23 Warranties 425
Chapter 24 International and Space Law 439

Unit Five NEGOTIABLE INSTRUMENTS 461

Chapter 25 Negotiable Instruments 462
Chapter 26 Transferability and Holder in Due Course 479
Chapter 27 Liability, Defenses, and Discharge 497
Chapter 28 Banking in the Digital Age 516

iii
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iv BRIEF CONTENTS

Unit Six CREDITORS’ RIGHTS AND BANKRUPTCY 539

Chapter 29 Creditors’ Rights and Remedies 540
Chapter 30 Secured Transactions 556
Chapter 31 Bankruptcy Law 580

Unit Seven AGENCY AND EMPLOYMENT 605

Chapter 32 Agency Formation and Duties 606
Chapter 33 Agency Liability and Termination 622
Chapter 34 Employment, Immigration, and Labor Law 641
Chapter 35 Employment Discrimination 664

Unit Eight BUSINESS ORGANIZATIONS 689

Chapter 36 Small Businesses and Franchises 690
Chapter 37 All Forms of Partnerships 705
Chapter 38 Limited Liability Companies and Special Business Forms 725
Chapter 39 Corporate Formation and Financing 741
Chapter 40 Corporate Directors, Off
Officers, and Shareholders 762
Chapter 41 Mergers and Takeovers 782
Chapter 42 Investor Protection, Insider Trading, and Corporate Governance 798

Unit Nine GOVERNMENT REGULATION 823

Chapter 43 Administrative Agencies 824
Chapter 44 Consumer Law 843
Chapter 45 Environmental Protection 860
Chapter 46 Antitrust Law 876
Chapter 47 Professional Liability and Accountability 896

Unit Ten PROPERTY AND ITS PROTECTION 919

Chapter 48 Personal Property and Bailments 920
Chapter 49 Real Property and Landlord-Tenant Law 939
Chapter 50 Insurance 961
Chapter 51 Wills and Trusts 977

APPENDICES
A How to Brief Cases and Analyze Case Problems A-1
B The Constitution of the United States A-4
C The Uniform Commercial Code A-12
D Answers to the Issue Spotters A-149
E Sample Answers for Business Case Problems with Sample Answer A-149

GLOSSARY G-1
TABLE OF CASES TC-1
INDEX I-1

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Contents

Unit One Chapter 4

THE LEGAL ENVIRONMENT Business and the Constitution 70
OF BUSINESS 1 The Constitutional Powers of Government 70
Classic Case 4.1 Heart of Atlanta Motel v. United
Chapter 1 States (1964) 73
Law and Legal Reasoning 2 Business and the Bill of Rights 75
Business Activities and the Legal Environment 2 Spotlight on Beer Labels
Sources of American Law 3 Case 4.2 Bad Frog Brewery, Inc. v. New York State Liquor
The Common Law Tradition 6 Authority (1998) 78
Schools of Legal Thought 12 Case Analysis 4.3 Thompson v. Holm (2016) 81
Classifications of Law 13 Due Process and Equal Protection 83
How to Find Primary Sources of Law 14 Privacy Rights 84
How to Read and Understand Case Law 19
Chapter 5
Chapter 2 Business Ethics 89
Courts and Alternative Dispute Business Ethics 89
Resolution 26 Case 5.1 Scott v. Carpanzano (2014) 91
Business Ethics and Social Media 93
The Judiciary’s Role in American Government 26
Ethical Principles and Philosophies 94
Basic Judicial Requirements 27
Making Ethical Business Decisions 97
Case Analysis 2.1 Mala v. Crown Bay Marina, Inc. (2013) 29
Case 5.2 Al-Dabagh v. Case Western Reserve
Spotlight on Gucci
University (2015) 99
Case 2.2 Gucci America, Inc. v. Wang Huoqing (2011) 32
Case Analysis 5.3 Moseley v. Pepco Energy Services,
The State and Federal Court Systems 35
Inc. (2011) 100
Case 2.3 Johnson v. Oxy USA, Inc. (2016) 36
Global Business Ethics 102
Alternative Dispute Resolution 40
Unit One Application and Ethics:
International Dispute Resolution 44
“Arbitration, No Class Actions” 107

Chapter 3
Court Procedures 48 Unit Two
Procedural Rules 48
TORTS AND CRIMES 111
Pretrial Procedures 50
Chapter 6
Case Analysis 3.1 Espresso Disposition Corp. 1 v. Santana Sales
& Marketing Group, Inc. (2013) 54 Tort Law 112
Case 3.2 Lewis v. Twenty-First Century Bean The Basis of Tort Law 112
Processing (2016) 56 Intentional Torts against Persons 113
Case 3.3 Brothers v. Winstead (2014) 58 Case Analysis 6.1 Blake v. Giustibelli (2016) 115
The Trial 61 Case 6.2 Revell v. Guido (2015) 120
Posttrial Motions 64 Intentional Torts against Property 123
The Appeal 65 Unintentional Torts—Negligence 125
Enforcing the Judgment 66 Defenses to Negligence 129
Spotlight on the Seattle Mariners
Case 6.3 Taylor v. Baseball Club of Seattle, LP (2006) 129

v
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vi CONTENTS

Chapter 7 Case Analysis 10.3 United States v. Warner (2016) 205

Strict Liability and Product Liability 134 Unit Two Application and Ethics:
The Biggest Data Breach of All Time 211
Strict Liability 134
Product Liability 135
Case Analysis 7.1 Schwarck v. Arctic Cat, Inc. (2016) 136 Unit Three
Strict Product Liability 137 CONTRACTS
Spotlight on Injuries from Vaccines AND E-CONTRACTS 215
Case 7.2 Bruesewitz v. Wyeth, LLC (2011) 138
Defenses to Product Liability 144 Chapter 11
Case 7.3 VeRost v. Mitsubishi Caterpillar Forklift America,
Nature and Terminology 216
Inc. (2015) 144
An Overview of Contract Law 216
Chapter 8 Elements of a Contract 217
Case Analysis 11.1 Weston v. Cornell University (2016) 218
Intellectual Property Rights 150
Types of Contracts 219
Trademarks and Related Property 150 Case 11.2 Vukanovich v. Kine (2015) 221
Classic Case 8.1 The Coca-Cola Co. v. The Koke Co. Quasi Contracts 223
of America (1920) 150 Interpretation of Contracts 225
Case 8.2 LFP IP, LLC v. Hustler Cincinnati, Inc. (2016) 153 Spotlight on Columbia Pictures
Patents 157 Case 11.3 Wagner v. Columbia Pictures Industries,
Copyrights 160 Inc. (2007) 226
Case Analysis 8.3 Winstead v. Jackson (2013) 161
Trade Secrets 164 Chapter 12
International Protection for Intellectual Property 166 Agreement in Traditional and
E-Contracts 231
Chapter 9
Internet Law, Social Media, and Privacy 170 Agreement 231
Classic Case 12.1 Lucy v. Zehmer (1954) 232
Internet Law 170 Spotlight on Amazon.com
Spotlight on Internet Porn Case 12.2 Basis Technology Corp. v. Amazon.com,
Case 9.1 Hasbro, Inc. v. Internet Entertainment Group, Inc. (2008) 234
Ltd. (1996) 173 Case Analysis 12.3 Hinkal v. Pardoe (2016) 240
Copyrights in Digital Information 174 Agreement in E-Contracts 241
Social Media 176 The Uniform Electronic Transactions Act 245
Online Defamation 178 International Treaties Affecting E-Contracts 247
Other Actions Involving Online Posts 180
Case Analysis 9.2 David v. Textor (2016) 181
Chapter 13
Privacy 182
Case 9.3 Nucci v. Target Corp. (2015) 182
Consideration 250
Elements of Consideration 250
Chapter 10 Classic Case 13.1 Hamer v. Sidway (1891) 250
Criminal Law and Cyber Crime 187 Case Analysis 13.2 USS–POSCO Industries v. Case (2016) 252
Agreements That Lack Consideration 254
Civil Law and Criminal Law 187 Settlement of Claims 256
Criminal Liability 189 Spotlight on Nike
Types of Crimes 192 Case 13.3 Already, LLC v. Nike, Inc. (2013) 257
Case 10.1 State of Minnesota v. Smith (2015) 193 Exceptions to the Consideration Requirement 258
Spotlight on White-Collar Crime
Case 10.2 People v. Sisuphan (2010) 195
Chapter 14
Defenses to Criminal Liability 198
Criminal Procedures 201
Capacity and Legality 263
Cyber Crime 204 Contractual Capacity 263
Case 14.1 PAK Foods Houston, LLC v. Garcia (2014) 264

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 CONTENTS vii

Legality 268 Discharge by Agreement 329

Case 14.2 McNatt v. Vestal (2016) 269 Discharge by Operation of Law 330
Case Analysis 14.3 Holmes v. Multimedia KSDK, Case 18.3 Hampton Roads Bankshares, Inc. v.
Inc. (2013) 273 Harvard (2016) 332

Chapter 15 Chapter 19
Mistakes, Fraud, and Voluntary Consent 280 Breach of Contract and Remedies 338
Mistakes 280 Damages 338
Fraudulent Misrepresentation 282 Case Analysis 19.1 Baird v. Owens Community
Case 15.1 Schneiderman v. Trump Entrepreneur Initiative, College (2016) 340
LLC (2016) 282 Spotlight on Liquidated Damages
Case Analysis 15.2 Cronkelton v. Guaranteed Construction Case 19.2 Kent State University v. Ford (2015) 344
Services, LLC (2013) 285 Equitable Remedies 345
Case 15.3 Fazio v. Cypress/GR Houston I, LP (2013) 287 Case 19.3 Clara Wonjung Lee, DDS, Ltd. v. Robles (2014) 346
Undue Influence 288 Recovery Based on Quasi Contract 349
Duress 289 Waiver of Breach 349
Adhesion Contracts and Unconscionability 289 Contract Provisions Limiting Remedies 351
Unit Three Application and Ethics:
Chapter 16 Fantasy Sports: Legal Gambling? 355
The Writing Requirement
in Our Digital World 295 Unit Four
The Statute of Frauds 295 DOMESTIC AND INTERNATIONAL
Contracts That Require a Writing 295 SALES AND LEASE CONTRACTS 359
Case Analysis 16.1 Sloop v. Kiker (2016) 296
Exceptions to the Writing Requirement 299 Chapter 20
Case 16.2 NYKCool A.B. v. Pacific Fruit, Inc. (2013) 300 The Formation of
Sufficiency of the Writing 302 Sales and Lease Contracts 360
The Parol Evidence Rule 303
Case 16.3 Frewil, LLC v. Price (2015) 304 The Uniform Commercial Code 360
The Statute of Frauds in the International Context 305 The Scope of Articles 2 (Sales) and 2A (Leases) 361
The Formation of Sales and Lease Contracts 365
Chapter 17 Case 20.1 C. Mahendra (N.Y.), LLC v. National Gold
& Diamond Center, Inc. (2015) 368
Third Party Rights 309 Classic Case 20.2 Jones v. Star Credit Corp. (1969) 375
Assignments and Delegations 309 Contracts for the International Sale of Goods 376
Case 17.1 Hosch v. Colonial Pacific Leasing Corp. (2012) 310 Case Analysis 20.3 VLM Food Trading International, Inc. v.
Case 17.2 Bass-Fineberg Leasing, Inc. v. Modern Auto Sales, Illinois Trading Co. (2016) 376
Inc. (2015) 312
Third Party Beneficiaries 316 Chapter 21
Case Analysis 17.3 Bozzio v. EMI Group, Ltd. (2016) 316 Title, Risk, and Insurable Interest 387
Chapter 18 Identification 387
Case Analysis 21.1 BMW Group, LLC v. Castle Oil
Performance and Discharge 323 Corp. (2016) 388
Conditions 323 When Title Passes 389
Discharge by Performance 324 Spotlight on Andy Warhol
Classic Case 18.1 Jacob & Youngs v. Kent (1921) 326 Case 21.2 Lindholm v. Brant (2007) 393
Case Analysis 18.2 Kohel v. Bergen Auto Enterprises, Risk of Loss 395
L.L.C. (2013) 327 Case 21.3 Person v. Bowman (2013) 395
Insurable Interest 400

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viii CONTENTS

Chapter 22 Unit Five

Performance and Breach NEGOTIABLE INSTRUMENTS 461
of Sales and Lease Contracts 404
Chapter 25
Obligations of the Seller or Lessor 404
Case 22.1 Garziano v. Louisiana Log Home Co. (2014) 405
Negotiable Instruments 462
Obligations of the Buyer or Lessee 409 Types of Negotiable Instruments 462
Remedies of the Seller or Lessor 412 Case 25.1 Silicon Valley Bank v. Miracle Faith World Outreach,
Remedies of the Buyer or Lessee 414 Inc. (2013) 464
Case Analysis 22.2 Genesis Health Clubs, Inc. v. LED Requirements for Negotiability 466
Solar & Light Co. (2016) 417 Case Analysis 25.2 OneWest Bank, FSB v. Nunez (2016) 469
Spotlight on Baseball Cards Factors That Do Not Affect Negotiability 473
Case 22.3 Fitl v. Strek (2005) 419 Case 25.3 Charles R. Tips Family Trust v. PB Commercial,
Additional Provisions Affecting Remedies 420 LLC (2015) 474
Dealing with International Contracts 421
Chapter 26
Chapter 23 Transferability and
Warranties 425 Holder in Due Course 479
Warranties of Title 425 Negotiation 479
Express Warranties 426 Indorsements 480
Spotlight on Nissan Case 26.1 In re Bass (2013) 480
Case 23.1 Hurst v. Nissan North America Inc. (2016) 428 Case Analysis 26.2 AS Peleus, LLC v. Success, Inc. (2016) 482
Implied Warranties 429 Holder in Due Course (HDC) 487
Classic Case 23.2 Webster v. Blue Ship Tea Room, Spotlight on Holder in Due Course
Inc. (1964) 431 Case 26.3 Georg v. Metro Fixtures Contractors,
Overlapping Warranties 433 Inc. (2008) 489
Warranty Disclaimers and Limitations on Liability 434 Holder through an HDC 492
Case Analysis 23.3 Roberts v. Lanigan Auto Sales (2013) 434
Chapter 27
Chapter 24 Liability, Defenses, and Discharge 497
International and Space Law 439
Signature Liability 497
International Law 439 Case Analysis 27.1 Envision Printing, LLC v. Evans (2016) 501
Case Analysis 24.1 Bennett v. Islamic Republic of Warranty Liability 504
Iran (2016) 443 Defenses and Limitations 507
Doing Business Internationally 444 Case Analysis 27.2 Mills v. Chauvin (2013) 509
Regulation of Specific Business Activities 447 Discharge 511
International Dispute Resolution 449
Case 24.2 Carlyle Investment Management, LLC v. Chapter 28
Moonmouth Co. SA (2015) 450
U.S. Laws in a Global Context 451
Banking in the Digital Age 516
Spotlight on International Torts Checks 516
Case 24.3 Daimler AG v. Bauman (2014) 451 The Bank-Customer Relationship 518
Space Law 453 Case 28.1 Royal Arcanum Hospital Association
Unit Four Application and Ethics: of Kings County, Inc. v. Herrnkind (2014) 518
Success in Global Commerce 458 The Bank’s Duty to Honor Checks 519
Case Analysis 28.2 Legg v. West Bank (2016) 520
The Bank’s Duty to Accept Deposits 525
Case 28.3 Shahin v. Delaware Federal Credit Union (2015) 527
Electronic Fund Transfers 530
Online Banking and E-Money 531
Unit Five Application and Ethics:
Virtual Currency—Is It Safe? 536

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 CONTENTS ix

Unit Six Formation of the Agency Relationship 610

CREDITORS’ RIGHTS Duties of Agents and Principals 611
Spotlight on Taser International
AND BANKRUPTCY 539
Case 32.2 Taser International, Inc. v. Ward (2010) 613
Chapter 29 Case Analysis 32.3 NRT New England, LLC v.
Jones (2016) 616
Creditors’ Rights and Remedies 540 Rights and Remedies of Agents and Principals 618
Laws Assisting Creditors 540
Case Analysis 29.1 Picerne Construction Corp. v. Chapter 33
Villas (2016) 541 Agency Liability and Termination 622
Mortgages 544
Spotlight on Foreclosures Scope of Agent’s Authority 622
Case 29.2 McLean v. JPMorgan Chase Bank, N.A. (2012) 547 Spotlight on Apparent Authority of Managers
Suretyship and Guaranty 548 Case 33.1 Lundberg v. Church Farm, Inc. (1986) 624
Case 29.3 HSBC Realty Credit Corp. (USA) v. Liability for Contracts 626
O’Neill (2014) 550 Liability for Torts and Crimes 628
Protection for Debtors 552 Case 33.2 Asphalt & Concrete Services, Inc. v.
Perry (2015) 631
Chapter 30 Case Analysis 33.3 M.J. v. Wisan (2016) 633
Termination of an Agency 635
Secured Transactions 556
The Terminology of Secured Transactions 556 Chapter 34
Creation of a Security Interest 556 Employment, Immigration,
Case 30.1 Royal Jewelers, Inc. v. Light (2015) 557
Perfection of a Security Interest 559
and Labor Law 641
The Scope of a Security Interest 565 Employment at Will 641
Case 30.2 In re Tusa–Expo Holdings, Inc. (2016) 566 Wages, Hours, and Layoffs 642
Priorities 568 Case 34.1 Bailey v. TitleMax of Georgia, Inc. (2015) 644
Rights and Duties of Debtors and Creditors 570 Family and Medical Leave 646
Default 572 Case 34.2 Ballard v. Chicago Park District (2014) 646
Case Analysis 30.3 Smith v. Firstbank Corp. (2013) 574 Health, Safety, and Income Security 648
Employee Privacy Rights 650
Chapter 31 Immigration Law 652
Bankruptcy Law 580 Labor Unions 654
Case Analysis 34.3 Contemporary Cars, Inc. v. National Labor
The Bankruptcy Code 580 Relations Board (2016) 656
Liquidation Proceedings 581
Case 31.1 In re Anderson (2016) 587 Chapter 35
Case 31.2 In re Cummings (2015) 591
Reorganizations 592
Employment Discrimination 664
Bankruptcy Relief under Chapter 12 and Chapter 13 594 Title VII of the Civil Rights Act 664
Case Analysis 31.3 In re Welsh (2013) 595 Case Analysis 35.1 Bauer v. Lynch (2016) 669
Unit Six Application and Ethics: Case 35.2 Young v. United Parcel Service, Inc. (2015) 670
Federal Student Loans—Default and Discharge 602 Case 35.3 Roberts v. Mike’s Trucking, Ltd. (2014) 673
Discrimination Based on Age 675
Discrimination Based on Disability 676
Unit Seven Discrimination Based on Military Status 679
AGENCY AND EMPLOYMENT 605 Defenses to Employment Discrimination 680
Affirmative Action 681
Chapter 32 Unit Seven Application and Ethics:
Agency Formation and Duties 606 Health Insurance and Small Business 685

Agency Relationships 606

Case 32.1 Coker v. Pershad (2013) 608

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x CONTENTS

Unit Eight Chapter 40

BUSINESS ORGANIZATIONS 689 Corporate Directors,
Off icers, and Shareholders 762
Chapter 36
Role of Directors and Officers 762
Small Businesses and Franchises 690 Duties and Liabilities of Directors and Off
Officers 765
General Considerations for Small Businesses 690 Case 40.1 Oliveira v. Sugarman (2016) 767
Sole Proprietorships 691 Classic Case 40.2 Guth v. Loft, Inc. (1939) 768
Case Analysis 36.1 A. Gadley Enterprises, Inc. v. Department of The Role of Shareholders 771
Labor and Industry Office of Unemployment Compensation Case Analysis 40.3 Case v. Sink & Rise, Inc. (2013) 773
Tax Services (2016) 692 Rights of Shareholders 775
Franchises 695 Duties and Liabilities of Shareholders 777
Franchise Termination 698
Case 36.2 Century 21 Real Estate, LLC v. All Professional Realty, Chapter 41
Inc. (2015) 698 Mergers and Takeovers 782
Spotlight on Holiday Inns
Case 36.3 Holiday Inn Franchising, Inc. v. Hotel Associates, Merger, Consolidation, and Share Exchange 782
Inc. (2011) 700 Case Analysis 41.1 In re Trulia, Inc. Stockholder
Litigation (2016) 784
Chapter 37 Purchase of Assets 786
Purchase of Stock 788
All Forms of Partnerships 705 Case 41.2 Air Products and Chemicals, Inc. v. Airgas,
Basic Partnership Concepts 705 Inc. (2011) 790
Formation and Operation 706 Termination 791
Classic Case 37.1 Meinhard v. Salmon (1928) 709 Major Business Forms Compared 792
Dissociation and Termination 712
Case Analysis 37.2 Shamburger v. Shamburger (2016) 715 Chapter 42
Limited Partnerships 717 Investor Protection, Insider Trading,
Case 37.3 DeWine v. Valley View Enterprises, Inc. (2015) 719
and Corporate Governance 798
Chapter 38 The Securities Act of 1933 798
Limited Liability Companies Case 42.1 Omnicare, Inc. v. Laborers District Council
Construction Industry Pension Fund (2015) 804
and Special Business Forms 725
The Securities Exchange Act of 1934 805
The Limited Liability Company 725 Classic Case 42.2 SEC v. Texas Gulf Sulphur Co. (1968) 806
Case 38.1 Hodge v. Strong Built International, LLC (2015) 727 Case Analysis 42.3 Rand-Heart of New York, Inc. v.
LLC Management and Operation 729 Dolan (2016) 810
Case 38.2 Mekonen v. Zewdu (2014) 731 State Securities Laws 813
Dissociation and Dissolution of an LLC 732 Corporate Governance 813
Case Analysis 38.3 Reese v. Newman (2016) 733 Unit Eight Application and Ethics:
Special Business Forms 735 Business Start-Ups Online 820

Chapter 39
Unit Nine
Corporate Formation and Financing 741
GOVERNMENT REGULATION 823
The Nature and Classification of Corporations 741
Case 39.1 Drake Manufacturing Co. v. Polyflow, Inc. (2015) 743 Chapter 43
Case Analysis 39.2 Pantano v. Newark Museum (2016) 745 Administrative Agencies 824
Corporate Formation and Powers 748
Piercing the Corporate Veil 754 The Practical Significance of Administrative Law 824
Case 39.3 Dog House Investments, LLC v. Teal Properties, Agency Creation and Powers 825
Inc. (2014) 754
Corporate Financing 756

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 CONTENTS xi

Case 43.1 Loving v. Internal Revenue Service (2014) 828 Chapter 47

The Administrative Process 830 Professional Liability
Case 43.2 Craker v. Drug Enforcement
and Accountability 896
Administration (2013) 834
Judicial Deference to Agency Decisions 835 Potential Liability to Clients 896
Case Analysis 43.3 Olivares v. Transportation Security Potential Liability to Third Parties 900
Administration (2016) 836 Case Analysis 47.1 Perez v. Stern (2010) 902
Public Accountability 838 The Sarbanes-Oxley Act 903
Potential Liability of Accountants under Securities Laws 905
Chapter 44 Spotlight on Accountant’s Duty to Correct Mistakes
Case 47.2 Overton v. Todman & Co., CPAs (2007) 907
Consumer Law 843
Confidentiality and Privilege 910
Advertising, Marketing, and Sales 843 Case 47.3 Commonwealth of Pennsylvania v.
Case 44.1 POM Wonderful, LLC v. Federal Trade Schultz (2016) 911
Commission (2015) 844 Unit Nine Application and Ethics: Climate Change 916
Case 44.2 Lexmark International, Inc. v. Static Control
Components, Inc. (2014) 848
Labeling and Packaging Laws 850 Unit Ten
Protection of Health and Safety 851 PROPERTY AND
Credit Protection 852 ITS PROTECTION 919
Case Analysis 44.3 Santangelo v. Comcast
Corporation (2016) 854 Chapter 48
Personal Property and Bailments 920
Chapter 45
Personal Property versus Real Property 920
Environmental Protection 860 Case 48.1 Corbello v. DeVito (2015) 920
Common Law Actions 860 Acquiring Ownership of Personal Property 922
Federal, State, and Local Regulations 861 Classic Case 48.2 In re Estate of Piper (1984) 924
Case Analysis 45.1 Friends of Animals v. Mislaid, Lost, and Abandoned Property 926
Clay (2016) 861 Bailments 928
Air Pollution 864 Ordinary Bailments 929
Case 45.2 United States v. O’Malley (2014) 866 Case Analysis 48.3 Zissu v. IH2 Property Illinois,
Water Pollution 867 L.P. (2016) 932
Case 45.3 Entergy Corp. v. Riverkeeper, Inc. (2009) 868 Special Types of Bailments 934
Toxic Chemicals and Hazardous Waste 870
Chapter 49
Chapter 46 Real Property and Landlord-Tenant Law 939
Antitrust Law 876 The Nature of Real Property 939
The Sherman Antitrust Act 876 Ownership and Other Interests in Real Property 941
Section 1 of the Sherman Act 877 Case 49.1 Main Omni Realty Corp. v. Matus (2015) 942
Section 2 of the Sherman Act 880 Transfer of Ownership 946
Case Analysis 46.1 McWane, Inc. v. Federal Trade Spotlight on Sales of Haunted Houses
Commission (2015) 882 Case 49.2 Stambovsky v. Ackley (1991) 947
Spotlight on Weyerhaeuser Case Analysis 49.3 Montgomery County v. Bhatt (2016) 950
Case 46.2 Weyerhaeuser Co. v. Ross-Simmons Hardwood Limitations on the Rights of Property Owners 952
Lumber Co. (2007) 884 Zoning and Government Regulations 954
The Clayton Act 885 Landlord-Tenant Relationships 956
Enforcement and Exemptions 888
Case 46.3 TransWeb, LLC v. 3M Innovative Properties
Co. (2016) 888
U.S. Antitrust Laws in the Global Context 890

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xii CONTENTS

Chapter 50 Case 51.2 Dowdy v. Dowdy (2016) 988

Insurance 961 Other Estate-Planning Issues 992
Unit Ten Application and Ethics:
Insurance Terminology and Concepts 961 Business Planning for Divorce 997
Case 50.1 Breeden v. Buchanan (2015) 963
The Insurance Contract 964 Appendices
Types of Insurance 968 A How to Brief Cases and Analyze Case Problems A-1
Case Analysis 50.2 Estate of Luster v. Allstate Insurance
B The Constitution of the United States A-4
Co. (2010) 970
C The Uniform Commercial Code A-12
D Answers to the Issue Spotters A-149
E Sample Answers for Business Case Problems with Sample
Chapter 51
Answer A-158
Wills and Trusts 977
Wills 977 Glossary G-1
Case Analysis 51.1 Peterson v. Harrell (2010) 981
Intestacy Laws 985
Table of Cases TC-1
Trusts 986 Index I-1

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Concept Summaries

1.1 Sources of American Law 5 25.1 Requirements for Negotiability 475

1.2 The Common Law Tradition 11 26.1 Types of Indorsements and Their Effect 485
1.3 Schools of Jurisprudential Thought 13 26.2 Requirements for HDC Status 493
2.1 Jurisdiction 34 27.1 Signature Liability 505
2.2 Types of Courts 4l 27.2 Transfer Warranty Liability for Transferors Who
3.1 Pretrial Procedures 62 Receive Consideration 506
3.2 Trial Procedures 64 28.1 Basic Rules for Honoring Checks 526
3.3 Posttrial Options 66 29.1 Remedies Available to Creditors 549
6.1 Intentional Torts against Persons 122 30.1 Creating Security Interest 559
6.2 Intentional Torts against Property 126 30.2 Perfecting a Security Interest 565
7.1 Defenses to Product Liability 147 30.3 Remedies of the Secured Party on the Debtor’s
Default 576
10.1 Types of Crimes 199
31.1 Forms of Bankruptcy Relief Compared 598
11.1 Types of Contracts 224
32.1 Formation of the Agency Relationship 612
12.1 Methods byWhich an Offer Can Be
Terminated 237 33.1 Authority of an Agent to Bind the Principal and a
Third Party 626
13.1 Consideration 254
33.2 Agency Termination by Operation of Law 637
13.2 Settlement of Claims 259
38.1 Special Business Forms 737
14.1 Contracts by Minors 266
39.1 Classification of Corporations 749
14.2 Contracts by Intoxicated Persons 267
40.1 Roles of Directors and Officers 765
14.3 Contracts by Mentally Incompetent Persons 268
40.2 Duties and Liabilities of Directors and Officers 771
15.1 Factors That May Indicate a Lack of Voluntary
Consent 290 40.3 Role, Rights, and Liability of Shareholders 778
17.1 Assignment and Delegations 315 41.1 Merger, Consolidation, and Share Exchange 787
19.1 Equitable Remedies 350 41.2 Purchases of Assets and Purchases of Stock 790
20.1 Offer, Acceptance, and Consideration under the 47.1 Common Law Liability of Accountants and Other
UCC 371 Professionals 904
20.2 The Parol Evidence Rule 374 47.2 Statutory Liability of Accountants and Other
Professionals 910
21.1 Delivery without Movement of the Goods 399
48.1 Acquisition of Personal Property 926
21.2 Risk of Loss When a Sales or Lease Contract Is
Breached 400 48.2 Rights and Duties of the Bailee and the Bailor 936
22.1 Obligations of the Seller or Lessor 410 51.2 Trusts 991
23.1 Warranties of Title and Express Warranties 427

xiii
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Exhibits

1–1 Areas of the Law That Can Affect Business 18–3 Contract Discharge 334
Decision Making 3 19–1 Measurement of Damages—Breach of Construction
1–2 Equitable Maxims 7 Contracts 342
1–3 Procedural Differences between Actions at Law 19–2 Remedies for Breach of Contract 348
and Actions in Equity 8 20–1 The Law Governing Contracts 362
1–4 National Reporter System—Regional/Federal 16 20–2 Major Differences between Contract Law and Sales
1–5 How to Read Citations 17 Law 373
1–6 A Sample Court Case 21 21–1 Void and Voidable Titles 392
2–1 Exclusive and Concurrent Jurisdiction 31 21–2 Contract Terms—Definitions 396
2–2 The State and Federal Court Systems 35 22–1 The Perfect Tender Rule and Its Exceptions 407
2–3 Geographic Boundaries of the U.S. Courts of Appeals 22–2 Obligations of the Buyer or Lessee 411
and U.S. District Courts 39 22–3 A Letter-of-Credit Transaction 421
2–4 Basic Differences in the Traditional Forms of ADR 42 23–1 Types of Implied Warranties 430
3–1 Stages in a Typical Lawsuit 49 24–1 The Legal Systems of Selected Nations 441
3–2 A Typical Complaint 51 24–2 Examples of International Principles
3–3 A Typical Summons 52 and Doctrines 444
3–4 Pretrial Motions 54 25–1 Basic Types of Negotiable Instruments 463
4–1 Protections Guaranteed by the Bill of Rights 76 25–2 A Typical Time Draft 464
4–2 Federal Legislation Relating to Privacy 85 25–3 A Typical Promissory Note 466
8–1 Forms of Intellectual Property 165 25–4 A Sample Certificate of Deposit 467
10–1 Key Differences between Civil Law and 26–1 A Blank Indorsement 480
Criminal Law 188 26–2 A Special Indorsement 482
10–2 Civil (Tort) Lawsuit and Criminal Prosecution 26–3 A Qualified Indorsement 483
for the Same Act 189 26–4 “For Deposit Only” and “For Collection Only”
10–3 Major Procedural Steps in a Criminal Case 203 Indorsements 484
11–1 Classifications Based on Contract Formation 219 26–5 Trust (Agency) Indorsements 485
11–2 Enforceable, Voidable, Unenforceable, and Void 26–6 Converting an Order Instrument to a Bearer
Contracts 223 Instrument and Vice Versa 486
11–3 Rules of Contract Interpretation 225 26–7 Taking for Value 488
12–1 A Click-On Agreement Sample 243 27–1 Time for Proper Presentment 499
12–2 The E-SIGN Act and the UETA 246 27–2 Defenses against Liability on Negotiable
13–1 Consideration in Bilateral and Unilateral Instruments 507
Contracts 252 28–1 A Cashier’s Check 517
13–2 Examples of Agreements That Lack Consideration 256 28–2 An American Express Traveler’s Check 518
14–1 Unconscionability 272 28–3 The Check-Collection Process 529
14–2 Contract Legality 276 28–4 A Sample Substitute Check 530
15–1 Mistakes of Fact 281 29–1 Methods of Avoiding Foreclosure 546
16–1 The One-Year Rule 298 29–2 Suretyship and Guaranty Parties 549
16–2 Collateral Promises 299 30–1 Secured Transactions—Concept and Terminology 557
16–3 Business Contracts and the Writing Requirement 302 30–2 A Uniform Financing Statement Sample 560
16–4 The Parol Evidence Rule 306 30–3 Selected Types of Collateral and Methods of
17–1 Assignment Relationships 310 Perfection 564
17–2 Delegation Relationships 314 30–4 Priority of Claims to a Debtor’s Collateral 571
17–3 Third Party Beneficiaries 319 31–1 Collection and Distribution of Property in Most
18–1 Conditions of Performance 324 Voluntary Bankruptcies 589
18–2 Discharge by Performance 329 32–1 Duties of the Agent 613

xiv
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 EXHIBITS xv

32–2 Duties of the Principal 615 43–1 Executive Departments and Important
33–1 A Sample General Power of Attorney 623 Subagencies 826
33–2 Termination by Act of the Parties 635 43–2 Selected Independent Regulatory
34–1 Good Faith versus Bad Faith in Collective Agencies 827
Bargaining 659 43–3 The Formal Administrative Agency
35–1 Coverage of Employment Discrimination Laws 679 Adjudication Process 833
36–1 The FTC’s Franchise Rule Requirements 696 44–1 Selected Areas of Consumer Law Regulated
37–1 Provisions Commonly Included in a Partnership by Statutes 844
Agreement 707 45–1 Major Federal Environmental Statutes 863
37–2 A Comparison of General Partnerships and 45–2 Environmental Impact Statements 864
Limited Partnerships 718 45–3 Pollution-Control Equipment Standards under the
38–1 Management of an LLC 729 Clean Air Act and the Clean Water Act 868
38–2 Provisions Commonly Included in an LLC 46–1 Required Elements of a Sherman Act
Operating Agreement 731 Violation 877
39–1 Sample Articles of Incorporation 750 46–2 Exemptions to Antitrust Enforcement 891
39–2 How Do Stocks and Bonds Differ? 756 47–1 Three Basic Rules of an Accountant’s Liability to
39–3 Common and Preferred Stocks 758 Third Parties 902
40–1 Directors’ Management Responsibilities 763 47–2 Key Provisions of the Sarbanes-Oxley Act Relating
40–2 Results of Cumulative Voting 775 to Public Accounting Firms 905
41–1 Merger 782 48–1 Mislaid, Lost, and Abandoned Property 928
41–2 Consolidation 783 48–2 Degree of Care Required of a Bailee 931
41–3 The Terminology of Takeover Defenses 789 49–1 Interests in Real Property 946
41–4 Major Forms of Business Compared 793 50–1 Selected Insurance Classifications 962
42–1 Exemptions for Securities Offerings under the 1933 50–2 Insurance Contract Provisions and Clauses 965
Securities Act 802 50–3 Typical Fire Insurance Policies 970
42–2 Comparison of Coverage, Application, and Liability 51–1 Excerpts from Michael Jackson’s Will 978
under SEC Rule 10b-5 and Section 16(b) 809 51–2 Per Stirpes Distribution 986
42–3 Some Key Provisions of the Sarbanes-Oxley Act Relating 51–3 Per Capita Distribution 987
to Corporate Accountability 816 51–4 A Revocable Living Trust Arrangement 987

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Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Preface

The study of business law and the legal environment of Each feature is related to a topic discussed in the text
business has universal applicability. A student entering and ends with Critical Thinking or Business Questions.
any field of business must have at least a passing under- Suggested answers to all the Critical Thinking and
standing of business law in order to function in the real Business Questions are included in the Solutions
world. Business Law, Fourteenth Edition, provides the Manual for this text.
information that students need in an interesting and
1. Ethics Today These features focus on the ethical
contemporary way.
aspects of a topic discussed in the text to empha-
Additionally, students preparing for a career in
size that ethics is an integral part of a business law
accounting, government and political science, econom-
course. Examples include:
ics, and even medicine can use much of the informa-
• Stare Decisis versus Spiderman (Chapter 1)
tion they learn in a business law and legal environment
• Forced Arbitration: Right or Wrong? (Chapter 15)
course. In fact, every individual throughout his or her
• When Imported Beer Really Isn’t Imported
lifetime can benefit from knowledge of contracts, real
(Chapter 24)
property law, landlord-tenant relationships, and other
• Should There Be More Relief for Student Loan
business law topics. Consequently, we have fashioned
Defaults? (Chapter 31)
this text as a useful “tool for living” for all of your stu-
• Is It Fair to Classify Uber and Lyft Drivers as
dents (including those taking the CPA exam).
Independent Contractors? (Chapter 32)
For the Fourteenth Edition, we have spent a great
2. Global Insight These features illustrate how other
deal of effort making this best-selling text more mod-
nations deal with specific legal concepts to give stu-
ern, exciting, and visually appealing than ever before. We
dents a sense of the global legal environment. Sub-
have added more than forty new features, ninety-two new
jects include:
cases, and twenty-four new exhibits. The text also con-
• Islamic Law and Respondeat Superior
tains nearly two hundred new highlighted and numbered
(Chapter 33)
Cases in Point and Examples, and more than a hundred
• Does Cloud Computing Have a Nationality?
new case problems. Special pedagogical elements within
(Chapter 39)
the text focus on legal, ethical, global, and corporate
• Anti-Bribery Charges Take Their Toll on U.S.
issues while addressing core curriculum requirements.
and Foreign Corporations (Chapter 40)
3. NEW Digital Update These features are designed
to examine cutting-edge cyberlaw topics, such as the
following:
Highlights of the • Using Social Media for Service of Process (Chap-
Fourteenth Edition ter 3)
• Should Employees Have a “Right of Disconnect-
Instructors have come to rely on the coverage, accuracy, ing”? (Chapter 5)
and applicability of Business Law. To make sure that our • Revenge Porn and Invasion of Privacy (Chapter 6)
text engages your students, solidifies their understanding • Monitoring Employees’ Social Media—Right or
of legal concepts, and provides the best teaching tools Wrong? (Chapter 9)
available, we now offer the following. • Hiring Discrimination Based on Social Media
Posts (Chapter 35)
4. Managerial Strategy These features emphasize the
A Variety of New and Exciting Features management aspects of business law and the legal
The Fourteenth Edition of Business Law is filled with environment. Topics include:
many new features specifically designed to cover current • Should You Consent to Have Your Business Case
legal topics of high interest. There are forty-one features Decided by a U.S. Magistrate Judge? (Chapter 2)
in this edition, thirty-eight of which are new. • Marriage Equality and the Constitution (Chapter 4)

xvii
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xviii P R E FAC E

• When Is a Warning Legally Bulletproof? question. For those teaching future CPAs, this is con-
(Chapter 7) sistent with the new CPA exam’s focus on higher-order
• The Criminalization of American Business skills, such as critical thinking and problem solving.
(Chapter 10)
• Commercial Use of Drones (Chapter 21)
• The SEC’s New CEO Pay-Ratio Disclosure Highlighted and Numbered Examples and
Rule (Chapter 42) Case in Point Illustrations
Many instructors use cases and examples to illustrate how
Entire Chapter on Internet Law, the law applies to business. Students understand legal
concepts better in the context of their real-world applica-
Social Media, And Privacy tion. Therefore, for this edition of Business Law, we have
For the Fourteenth Edition, we include a whole chapter expanded the number of highlighted numbered Examples
(Chapter 9) on Internet Law, Social Media, and Privacy. and Cases in Point in every chapter. We have added 137
Social media have entered the mainstream and become new Cases in Point and 52 new Examples.
a part of everyday life for many businesspersons. In this Examples illustrate how the law applies in a specific
special chapter, we give particular emphasis to the legal situation. Cases in Point present the facts and issues of
issues surrounding the Internet, social media, and pri- an actual case and then describe the court’s decision
vacy. We also recognize this trend throughout the text by and rationale. These two features are uniquely designed
incorporating the Internet and social media as they relate and consecutively numbered throughout each chapter
to the topics under discussion. for easy reference. The Examples and Cases in Point are
integrated throughout the text to help students better
understand how courts apply legal principles in the real
New Coverage of Topics world.
on the Revised 2017 CPA Exam
In 2016, the American Institute of CPAs (AICPA) issued New Unit-Ending
its final report on “Maintaining the Relevance of the Application and Ethics Features
Uniform CPA Exam.” In addition to more focus on criti-
cal thinking, authentic applications, and problem solv- For the Fourteenth Edition, we have created an entirely
ing, the content of the exam will change to an extent. new feature that concludes each of the ten units in the
The Fourteenth Edition of Business Law incorporates text. Each of these Application and Ethics features pro-
information on the new topics on the CPA exam, specifi- vides additional analysis on a topic related to that unit
cally addressing the following: and explores its ethics ramifications. Each of the features
ends with two questions—a Critical Thinking and an
• Agency law (worker classification and duties of Ethics Question. Some topics covered by these features
principals and agents) include the following:
• Employment law (Affordable Care Act)
• Business organizations (corporate governance • The Biggest Data Breach of All Time (Unit 2)
issues, including Sarbanes-Oxley compliance • Fantasy Sports—Legal Gambling? (Unit 3)
and criminal liability for organizations and • Virtual Currency—Is It Safe? (Unit 5)
management) • Health Insurance and Small Business (Unit 7)
In addition, the Fourteenth Edition continues to Suggested answers to the questions in Application and
cover topics that are essential to new CPAs who are Ethics features are included in the Solutions Manual
working with sophisticated business clients, regardless for this text.
of whether the CPA exam covers these topics. We rec-
ognize that today’s business leaders must often think
“outside the box” when making business decisions. For New Cases and Case Problems
this reason, we strongly emphasize business and critical For the Fourteenth Edition of Business Law, we have
thinking elements throughout the text. We have care- added 92 new cases and 111 new case problems, most
fully chosen cases, features, and problems that are rel- from 2016 and 2015. The new cases and problems have
evant to business operations. Almost all of the features been carefully selected to illustrate important points of
and cases conclude with some type of critical thinking law and to be of high interest to students and instructors.

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 P R E FAC E xix

We have made it a point to find recent cases that enhance New Exhibits and Concept Summaries
learning and are relatively easy to understand.
For this edition, we have spent considerable effort
1. Spotlight Cases and Classic Cases. Certain cases reworking and redesigning all of the exhibits and concept
and case problems that are exceptionally good summaries in the text to achieve better clarity and more
teaching cases are labeled as Spotlight Cases and visual appeal. In addition, we have added twenty-four
Spotlight Case Problems. Examples include Spotlight new exhibits and four new concept summaries.
on Amazon, Spotlight on Beer Labels, Spotlight on
Gucci, Spotlight on Nike, and Spotlight on the Seattle
Mariners. Instructors will find these Spotlight Cases Special Case Analysis Questions
useful to illustrate the legal concepts under discus- For one chapter in every unit of the text, we provide a
sion, and students will enjoy studying the cases Special Case Analysis question that is based on the Case
because they involve interesting and memorable Analysis excerpt in that chapter. These special ques-
facts. Other cases have been chosen as Classic Cases tions appear in the Business Case Problems at the ends of
because they establish a legal precedent in a par- selected chapters.
ticular area of law. The Special Case Analysis questions are designed
2. Critical Thinking Section. Each case concludes to build students’ analytical skills. They test students’
with a Critical Thinking section, which normally ability to perform IRAC (Issue, Rule, Application, and
includes two questions. The questions may address Conclusion) case analysis. Students must identify the le-
Legal Environment, E-Commerce, Economic, Envi- gal issue presented in the chapter’s Case Analysis Case,
ronmental, Ethical, Global, Political, or Technological understand the rule of law, determine how the rule ap-
issues, or they may ask What If the Facts Were Differ- plies to the facts of the case, and describe the court’s
ent? Each Classic Case has a section titled Impact of conclusion. Instructors can assign these questions as
This Case on Today’s Law and one Critical Thinking homework or use them in class to elicit student partici-
question. pation and teach case analysis. Suggested answers to
3. Longer Excerpts for Case Analysis. We have also the Special Case Analysis questions can be found in
included one longer case excerpt in every chap- the Solutions Manual for this text.
ter—labeled Case Analysis—followed by three Legal
Reasoning Questions. The questions are designed to
guide students’ analysis of the case and build their Reviewing Features in Every Chapter
legal reasoning skills. These Case Analysis cases may In the Fourteenth Edition of Business Law, we continue
be used for case-briefing assignments and are also to offer a Reviewing feature at the end of every chapter
tied to the Special Case Analysis questions found in to help solidify students’ understanding of the chapter
every unit of the text (one per unit). materials. Each Reviewing feature presents a hypothetical
Suggested answers to all case-ending questions and scenario and then asks a series of questions that require
case problems are included in the Solutions Manual students to identify the issues and apply the legal con-
for this text. cepts discussed in the chapter.
These features are designed to help students review
the chapter topics in a simple and interesting way and
Business Case Problem with Sample see how the legal principles discussed in the chapter afaf-
fect the world in which they live. An instructor can use
Answer in Each Chapter these features as the basis for in-class discussion or en-
In response to those instructors who would like students courage students to use them for self-study prior to com-
to have sample answers available for some of the ques- pleting homework assignments. Suggested answers to
tions and case problems, we include a Business Case Prob- the questions posed in the Reviewing features can be
lem with Sample Answer in each chapter. The Business found in the Solutions Manual for this text.
Case Problem with Sample Answer is based on an actual
case, and students can find a sample answer at the end of
the text. Suggested answers to the Business Case Prob- Two Issue Spotters
lems with Sample Answers are provided in Appendix At the conclusion of each chapter, we have included a
E at the end of the text and in the Solutions Manual special section with two Issue Spotters related to the chap-
for this text. ter’s topics. These questions facilitate student learning

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xx P R E FAC E

and review of the chapter materials. Suggested answers • Worksheets—Interactive Worksheets prepare
to the Issue Spotters in every chapter are provided in students for class by ensuring reading and
Appendix D at the end of the text and in the Solutions comprehension.
Manual for this text. • Video Activities—Real-world video
exercises make business law engaging and
relevant.
Legal Reasoning Group Activities • Brief Hypotheticals—These applications pro-
For instructors who want their students to engage in vide students practice in spotting the issue and
group projects, each chapter of the Fourteenth Edition applying the law in the context of a short, fac-
includes a special Legal Reasoning Group Activity. Each tual scenario.
activity begins by describing a business scenario and then • Case Problem Analyses—These promote
poses several specific questions pertaining to the scenario. deeper critical thinking and legal reasoning by
Each question is to be answered by a different group of guiding students step-by-step through a case
students based on the information in the chapter. These problem and then adding in a critical thinking
projects may be used in class to spur discussion or as section based on “What If the Facts Were Dif Dif-
homework assignments. Suggested answers to the Legal ferent?” These now include a third section, a
Reasoning Group Activities are included in the Solu- writing component, which requires students
tions Manual for this text. to demonstrate their ability to forecast the
legal implications of real-world business
scenarios.
• Personalized Student Plan with multimedia
Supplements/Digital •
study tools and videos.
New Adaptive Test Prep helps students study for
Learning Systems exams.
Business Law, Fourteenth Edition, provides a comprehen- • Test Bank.
sive supplements package designed to make the tasks of • Reporting and Assessment options.
teaching and learning more enjoyable and efficient. The
following supplements and exciting new digital products By using the MindTap system, students can com-
plete the assignments online and can receive instant
are offered in conjunction with the text.
feedback on their answers. Instructors can utilize Mind-
Tap to upload their course syllabi, create and customize
MindTap homework assignments, and keep track of their students’
progress. By hiding, rearranging, or adding content, in-
MindTap for Business Law, Fourteenth Edition, is a fully structors control what students see and when they see
online, highly personalized learning experience built it to match the Learning Path to their course syllabus
upon Cengage Learning content. MindTap combines exactly. Instructors can also communicate with their
student learning tools—such as readings, multimedia, students about assignments and due dates, and create re-
activities, and assessments from CengageNOW—into ports summarizing the data for an individual student or
a singular Learning Path that intuitively guides students for the whole class.
through their course.
Instructors can personalize the experience by cus-
tomizing authoritative Cengage Learning content and Cengage Learning Testing
learning tools. MindTap offers instructors the ability to Powered by Cognero
add their own content in the Learning Path with apps
that integrate into the MindTap framework seamlessly Cengage Learning Testing Powered by Cognero is a flexible,
with Learning Management Systems (LMS). online system that allows you to do the following:
MindTap includes:
• Author, edit, and manage Test Bank content from
• An Interactive book with Whiteboard Videos multiple Cengage Learning solutions.
and Interactive Cases. • Create multiple test versions in an instant.
• Automatically graded homework with the fol- • Deliver tests from your LMS, your classroom, or
lowing consistent question types: wherever you want.

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 Another Random Document on
Scribd Without Any Related Topics
anxiety to place her Ladyship in that position to which her high
pretensions so justly entitled her.
But this was not the only mode by which he augmented and secured
his influence over the weak old peer. Not only had Gammon, in the
manner pointed out in a previous portion of this history, diminished
the drain upon his Lordship's income, which had so long existed in
the shape of interest upon money lent him on mortgage, (and which
embarrassments, by the way, had all arisen from his foolish state
and extravagance when Lord High Steward;) not only, I say, had
Gammon done all this, but infinitely more;—he had enabled his
Lordship, as it were, "to strike a blow in a new hemisphere," and at
once evince his fitness for the conduct of important and complicated
affairs of business, acquire an indefinite augmentation of fortune,
and also great influence and popularity.
England, about the time I am speaking of, was smitten with a sort of
mercantile madness—which showed itself in the shape of a
monstrous passion for Joint-stock Companies. John Bull all of a sudden
took it into his head, that no commercial undertaking of the least
importance could any longer be carried on by means of individual
energy, capital, and enterprise. A glimmering of this great truth he
discovered that he had had, from the first moment that a private
partnership had been adopted; and it was only to follow out the
principle—to convert a private into a public partnership, and call it a
"Joint-stock Company." This bright idea of John's produced prompt
and prodigious results—a hundred joint stock companies
"Rose like an exhalation,"
in the metropolis alone, within one twelvemonth's time. But then
came the question, upon what were these grand combined forces to
operate? Undertakings of commensurate magnitude must be
projected—and so it was. It really mattered not a straw how wild
and ludicrously impracticable was a project—it had but to be started,
and announced, to call forth moneyed people among all classes, all
making haste to be rich—and ready to back the speculation, even to
the last penny they had in the world; pouring out their capital with a
recklessness, of which the lamentable results may prevent their
recurrence. Any voluble visionary who was unluckily able to reach
the ear of one or two persons in the city, could expand his crotchet
into a "company" with as little effort as an idiot could blow out a
soap-bubble. For instance: one wiseacre (who surely ought never to
have been at large) conceived a plan for creating ARTIFICIAL RAIN at an
hour's notice, over any extent of country short of a circle of three
miles in diameter; a second, for conveying MILK to every house in the
metropolis in the same way as water is at present conveyed—viz. by
pipes, supplied by an immense reservoir of milk to be established at
Islington, and into which a million of cows were to be milked night
and morning; a third, for converting saw-dust into solid wood; and a
fourth, for surrounding the metropolis with a wall twenty feet in
thickness, and fifty in height. Within three days of each of these
hopeful speculations being announced, there were as many
completely organized joint-stock companies established to carry
them into effect. Superb offices were engaged in the city; Patrons,
Presidents, Vice-Presidents; Trustees, Chairmen, Directors;
Secretaries, Actuaries, Architects, Auditors; Bankers, Standing
Counsel, Engineers, Surveyors, and Solicitors, appointed: and the
names of all these functionaries forthwith blazed in dazzling array at
the head of a "Prospectus," which set forth the advantages of the
undertaking with such seductive eloquence as no man could resist;
and within a week's time there was not a share to be had in the
market. Into affairs of this description, Mr. Gammon, who soon saw
the profit to be made out of them, if skilfully worked, plunged with
the energy and excitement of a gamester. He drew in Mr. Quirk after
him; and, as they could together command the ears of several
enterprising capitalists in the city, they soon had their hands full of
business, and launched two or three very brilliant speculations. Mr.
Gammon himself drew up their "Prospectuses," and in a style which
must have tempted the very devil himself (had he seen them) into
venturing half his capital in the undertaking!—One was a scheme for
providing the metropolis with a constant supply of salt water by
means of a canal cut from the vicinity of the Nore, and carried nearly
all round London, so as to afford the citizens throughout the year
the luxury of sea-bathing. Another was of a still more extraordinary
and interesting description—for carrying into effect a discovery, by
means of which, ships of all kinds and sizes could be furnished with
the means, by one and the same process—and that remarkably
simple, cheap, and convenient—of obtaining pure fresh water from
the SEA, and converting the salt or brine thrown off in the operation,
instanter into gunpowder! The reality of this amazing discovery was
decisively ascertained by three of the greatest chemists in England;
a patent was taken out, and a company formed for immediately
working the patent. This undertaking was the first that Gammon
brought under the notice of the Earl of Dreddlington, whom he so
completely dazzled by his description, both of the signal service to
be conferred upon the country, and the princely revenue to be
derived from it to those early entering into the speculation, that his
Lordship intimated rather an anxious wish to be connected with it.
"Good gracious, sir!" said his Lordship, with an air of wonder—"to
what a pitch is science advancing! When will human ingenuity end?
Sir, I doubt not that one of these days everything will be found out!"
"Certainly—I feel the full force of your Lordship's very striking
observation," replied Gammon, who had listened to him with an air
of delighted deference.
"Sir, this is a truly astonishing discovery! Yet, I give you my honor,
sir, I have often thought that something of the kind was very
desirable, as far as the obtaining fresh water from salt water was
concerned, and have wondered whether it could ever be practicable:
but I protest the latter part of the discovery—the conversion of the
brine into gunpowder—is—is—sir, I say it is—astounding; it is more;
it is very interesting, in a picturesque, and important in a patriotic
point of view. Only think, sir, of our vessels gathering gunpowder
and fresh water from the sea they are sailing over. Sir, the discoverer
deserves a subsidy! This must in due time be brought before
Parliament." His Lordship got quite excited; and Gammon, watching
his opportunity, intimated the pride and pleasure it would give him
to make his Lordship the patron of the gigantic undertaking in
question.
"Sir—sir—you do me—infinite honor," quoth the earl, quite flustered
by the suddenness of the proposal.
"As there will be, of course, your Lordship sees, several great
capitalists concerned, I must, for form's sake, consult them before
any step is taken; but I flatter myself, my Lord, that there can be but
one opinion, when I name to them the possibility of our being
honored with your Lordship's name and influence."
The earl listened to this with a stately bow and a gratified smile; and
on the ensuing day received a formal communication from Messrs.
Quirk, Gammon, and Snap, soliciting his Lordship to become the
patron of the undertaking—which he most graciously acceded to;
and was easily prevailed upon to secure several other highly
distinguished names among his friends, who were profoundly
ignorant of business, in all its departments, but delighted to figure
before the public, as the patrons of so great and laudable an
enterprise. Out went forthwith, all over the country, the
advertisements and prospectuses of the new company, and which
could boast such commanding names as cast most of its sister
companies into the shade—e. g. "The Right Honorable the Earl of
Dreddlington, G.C.B., F.C.S., F.P.S., &c. &c."—"The Most Noble the
Duke of Tantallan, K.T., &c. &c."—"The Most Honorable the Marquis of
Marmalade, &c. &c. &c." The capital to be one million, in ten thousand
shares of one hundred pounds each. Lord Dreddlington was
presented with a hundred shares, as a mark of respect and gratitude
from the leading shareholders; moreover, his Lordship took two
hundred shares besides, and prevailed on various of his friends to do
the same. In less than three weeks' time the shares had risen to £40
premium—[i.e. my lady readers will understand, each share for
which his Lordship was supposed to have given, or to be liable to be
called upon for £100, he could at any moment dispose of for £140]—
and then Mr. Gammon so represented matters to his Lordship, as to
induce him to part with his shares, which he found no difficulty in
doing—and thereby realized a clear profit of £12,000. This seemed
to the earl rather the effect of magic than of an everyday mercantile
adventure. His respect for Gammon rose with everything he heard of
that gentleman, or saw him do; and his Lordship allowed himself to
be implicitly guided by him in all things. Under his advice,
accordingly, the earl became interested in several other similar
speculations, which so occupied his thoughts as almost to obliterate
his sense of ministerial injustice. Several of his friends cautioned
him, now and then, against committing himself to such novel and
extensive speculations, in which he might incur, he was reminded,
dangerous liabilities; but his magnificent reception of such
interference, soon caused their discontinuance. The earl felt himself
safe in the hands of Mr. Gammon, forming an equal and a very high
estimate of his ability and integrity.
His Lordship's attention having been thus directed to such matters—
to the mercantile interests of this great country—he soon began to
take a vast interest in the discussion of such subjects in the House,
greatly to the surprise and edification of many of his brother peers.
Absorbing, however, as were these and similar occupations, they
were almost altogether suspended as soon as a day—and that not a
distant one—had been fixed upon for the marriage of the Lady
Cecilia with Mr. Titmouse. From that moment, the old man could
scarcely bear her out of his presence; following and watching all her
movements with a peculiar, though still a stately, solicitude and
tenderness. Frequent, earnest, and dignified, were his interviews
with Titmouse—his representations as to the invaluable treasure that
was about to be intrusted to him in the Lady Cecilia—the last direct
representative of the most ancient noble family in the kingdom.
Innumerable were his Lordship's directions to him concerning his
future conduct, both in public and private life; intimating, in a
manner at once impressive and affectionate, that the eyes of the
country would be thenceforward fixed upon him, as son-in-law of the
Earl of Dreddlington. His Lordship, moreover—pocketing the affront
he had received at the hands of the Ministry—made a very strenuous
and nearly a successful effort to procure for his destined son-in-law
a vacant lordship of the Treasury. The Premier was really beginning
to consider the subject, when Mr. O'Gibbet extinguished all the
aspiring hopes of poor Lord Dreddlington, by applying for the vacant
office for Mr. Och Hubbaboo, an early friend of Mr. O'Gibbet; and
who having failed in business, and been unable to re-establish
himself, had come into the House of Commons to repair his
shattered fortunes. I need hardly say, that within a day or two, Mr.
Hubbaboo was made a lord of the Treasury; and thereby were very
nearly alienated from Ministers two stanch and enlightened
supporters—to wit, the Earl of Dreddlington and Mr. Titmouse.
Early in the forenoon of Tuesday the 1st of April 18—, there were
indications in the neighborhood of Lord Dreddlington's house in
Grosvenor Square, that an aristocratic wedding was about to be
celebrated. Lady Cecilia's bridemaids, and one or two other ladies,
the Duke and Duchess of Tantallan, and a few other persons of
distinction, who were to accompany the party to church, made their
appearance about eleven o'clock; and shortly afterwards dashed up
Mr. Titmouse's cab, in which sat that gentleman, enveloped in a
magnificent green cloak, designed to conceal from vulgar
observation the full splendor of his personal appearance. He had
been engaged at his toilet since five o'clock that morning; and the
results were not unworthy of the pains which had been taken to
secure them. He wore a light-blue body coat, with velvet collar; tight
black pantaloons tying round his ankles; gossamer white silk
stockings, and dress-shoes, with small gold buckles. His shirt was of
snowy whiteness, and there glittered in the centre of it a very
superb diamond brooch. He had two waistcoats, the under one a
sky-blue satin, (only the roll visible,) the outer one of white satin,
richly embroidered. A burnished gold guard-chain was disposed very
gracefully over the exterior of his outer waistcoat. His hair was
parted down the middle, and curled forward towards each temple,
giving his countenance a very bold and striking expression. He wore
white kid gloves, a glossy new hat, and held in his hand his agate-
headed ebony cane. Though he tried to look at his ease, his face
was rather pale, and his manner a little flurried. As for the bride—
she had slept scarcely a quarter of an hour the whole night; and a
glimpse at her countenance, in the glass, convinced her of the
necessity of yielding to Annette's suggestions, and rouging a little.
Her eyes told of the sleepless and agitated night she had passed;
and while dressing, she was twice forced to drink a little sal volatile
and water. She was cold, and trembled. When at length she had
completed her toilet, what a figure did her glass present to her! The
dress—rich white satin—a long and beautiful blonde lace veil—and a
delicate wreath of orange blossoms, was that of a bride, certainly;
but was the haggard countenance that of a bride? Miss
Macspleuchan burst into tears at the sight. When, attended by her
bridemaids and Miss Macspleuchan, she made her appearance in the
drawing-room, the Earl of Dreddlington approached her, and saluted
her with silent tenderness. Then Titmouse came up, very pale, but
with a would-be familiar air—"Hope you're quite well, dearest, this
happy day," said he, and kissed her gloved hand. She made him no
reply; stepped back, and sank upon the sofa; and presently the
carriages were announced to be in readiness. The earl led her down,
followed by her two bridemaids, and entered the first carriage,
which then drove off to St. George's Church; Titmouse and the rest
of the party immediately following. The ceremony was to be
performed by the Bishop of Barnard Castle, an old friend, and indeed
a distant relation of Lord Dreddlington's. Methinks I now see his
portly and commanding figure, standing at the altar, with the little
distinguished party before him; and hear his clear, sonorous voice
reading the marriage-service. Titmouse was pale and flushed by
turns, and looked frightened—behaving, however, with more
sedateness than I should have expected. Lady Cecilia leaned, when
she could, against the rails; and repeated her few allotted words in a
voice scarcely audible. When Titmouse fixed the ring upon her
finger, she trembled and shed tears—averting her face from him,
and at length concealing it entirely in her pocket-handkerchief. She
looked, indeed, the image of misery. The Earl of Dreddlington
maintained a countenance of rigid solemnity. At length the all-
important ceremony came to a close; the necessary entries and
signatures were made in the vestry, to which the wedding party
followed the bishop; and then Mr. Titmouse, taking HIS WIFE'S arm
within his own, led her out to the private door, where stood waiting
for them the earl's chariot. He handed her into it, and popped in
after her—a little crowd standing round to catch a glimpse of the
distinguished bride and bridegroom; and they drove rapidly
homeward. He sat in one corner, and she in the other; each so
occupied with their own thoughts, that they uttered scarcely two
words all the way.
A splendid déjeuner à la fourchette was prepared, and a very
brilliant party attended to pay their respects to the bride and
bridegroom, and the Earl of Dreddlington; and about two o'clock the
Lady Cecilia withdrew to prepare for her journey, which was to
Poppleton Hall, her father's residence in Hertfordshire, where they
were to spend their honeymoon. She had never shown so much
emotion in her life as when she parted with Miss Macspleuchan and
her bridemaids—being several times on the verge of hysterics. Mr.
Titmouse's travelling-chariot—a dashing chocolate-colored one, with
four horses—stood at the door, her Ladyship's maid and his valet
seated in the rumble. Some hundred people stood round to see the
"Happy, happy, happy pair,"
set off on their journey of happiness. The earl led down Lady Cecilia,
followed by Titmouse, who had exchanged his hat for a gaudy
travelling-cap, with a gold band round it! Lady Cecilia, with drooping
head and feeble step, suffered the earl, whom she kissed fervently,
to place her in the chariot, when she burst into a flood of tears.
Then Mr. Titmouse shook hands cordially with his distinguished
father-in-law—popped into the chariot—the steps were doubled up—
the door closed—the side-blinds were drawn down by Mr. Titmouse;
"All's right!" cried one of the servants, and away rolled the carriage-
and-four, which, quickening its speed, was soon out of sight. Lady
Cecilia remained in a sort of stupor for some time, and sat silent and
motionless in the corner of the chariot; but Titmouse had now
become lively enough, having had the benefit of some dozen glasses
of champagne.
"Ah, my lovely gal—dearest gal of my heart!" he exclaimed fondly, at
the same time kissing her cold cheeks, and putting his arm round
her waist—"Now you're all my own! 'pon my soul, isn't it funny,
though? We're man and wife! By Jove, I never loved you so much as
now, ducky! eh?" Again he pressed his lips to her cold cheek.
"Don't, don't, I beg," said she, faintly, "I'm not well;" and she feebly
tried to disengage herself from his rude and boisterous embrace:
while her drooping head and ashy cheek fully corroborated the truth
of her statement. In this state she continued for the whole of the
first stage. When they stopped to change horses, says Titmouse,
starting up—having very nearly dropped asleep—"Cicely, as you're so
uncommon ill, hadn't you better have your maid in, and I'll sit on the
box?—it would be a devilish deal more comfortable for you—eh?"
"Oh, I should feel so obliged if you would, Mr. Titmouse!" she replied
faintly. It was done as she wished. Titmouse enveloped himself in his
cloak; and, having lit a cigar, mounted the box, and smoked all the
way till they reached the Hall!
Gammon was one of those who had seen them set off on their
auspicious journey. He contemplated them with deep interest and
anxiety.
"Well," he exclaimed, walking away, with a deep sigh, when the
carriage had got out of sight—"So far, so good: Heavens! the plot
thickens, and the game is bold!"
Were you, oh unhappy Lady Cecilia! in entering into this ill-omened
union, to be more pitied or despised? 'T was, alas! most deliberately
done; in fact, we have already had laid before us ample means of
determining the question—but 't is a delicate and painful one, and
had perhaps be better left alone.
They spent about a fortnight at Poppleton Hall, and then went on to
Yatton; and if the reader be at all curious to know how Mr. and Lady
Cecilia Titmouse commenced their matrimonial career, I am able, in
some measure, to gratify him, by the sight of a letter addressed by
the Lady Cecilia, some time afterwards, to one of her confidential
friends. 'T is melancholy enough, with, in addition, all the feebleness
and dulness which might have been expected from one of her
Ladyship's temperament and capacity; yet, methinks, may it suggest
topics of instructive reflection.

"Yatton, 28th April 18—.

"Dear Blanche—
... "Fate should have something pleasant in store for me, since it
has made me most unhappy now, but it is some consolation
that I took this step purely to please my papa, who seemed to
think that it was a thing that ought to be done: You know he
always fretted himself greatly about the division of the family
interests, and so on; and when he proposed to me this truly
unhappy alliance, I supposed it was my duty to comply, as
indeed he said it was. I am sure but for this I should never have
dreamed of such a thing as doing what I did, for if, by the way,
fate chose us to come together, it ought surely to have fitted us
to each other; but really, dear Blanche, (entre nous) you cannot
think what a creature it is.
He is always smoking cigars, &c., and he by that means not only
carries the nasty odor of the smoke about him everywhere, but
also in spite of all I can do, when we come together in the
carriage (which is not often) and at meals, he communicates
the odious smell to my clothes—and Annette wastes a fortune in
eau-de-cologne to scatter over my dresses and her own too,
and he has very nasty habits besides, namely, picking his teeth,
(often at dinner,) eating with his knife, &c. &c., and he is
continually running his fingers through his horrid hair, to curl it,
and carries a comb with him, and several times has combed his
hair in the carriage just before we got out at the door of the
place we were to dine at, and he always takes too much wine,
and comes up the very last to the drawing-room, and
sometimes in such a state. I am resolved I will never come
home with him from dinner again, even if I ever go out together
with him. I do believe the wretch has been guilty of some
impudence to Annette, for the girl always colors when I mention
his name, and looks confused and angry, but of course I cannot
ask her. And he is such a horrid liar there is no believing a word
he says, he is always saying that he might if he had chosen
marry Lady This and Lady That, and says Miss Aubrey was
dying to have him (I wish, dear B., she had, instead of myself,
she would have been welcome for me, to return and become
mistress of Yatton again)—by the way, it certainly is a truly
delightful spot, quite old-fashioned and all that and delightful
grounds about it, but it seems like a nunnery to me, I am so
unhappy and no one seems anxious to come to see me, though
there are the ——'s, and the ——'s, and ——'s within an hour or
two's drive of us, but how can you wonder? for if you only saw
the sort of people that come here, such horrid wretches, a
Unitarian parson and his vulgar wife and daughter and a low
apothecary and auctioneer and so on, which he says is
necessary (forsooth) to keep up his interest in the borough.
Then he goes on in such a shameful and unfeeling and
disrespectful way before the vicar (Dr. Tatham, a very nice
person, who I am sure, by his looks, feels for me) that Dr. T. will
scarcely ever come near us under one pretence or another.

I am sorry to tell you Mr. Titmouse has no more sense of

religion than a cat or a dog, and I understand he has left a
great many of his election bills unpaid (so that he is very
unpopular) and positively, dear Blanche! the diamond spray the
creature bought me turns out to be only paste!! He never goes
to church, and has got up one or two dog-fights in the village,
and he is hated by the tenants, for he is always raising their
rents. I forgot to mention by the way he had the monstrous
assurance one morning to open my letters!—and said he had a
right to do so, with his own wife, for we were one (I hate to
write it) so I have had a letter-bag of my own which is always
delivered into my own room. Oh Heavens! the idea of his
succeeding to the barony! but to be sure you have no notion
how hard he lives; (and entre nous the other day the doctor
was called in to him and had to put leeches on his head, and
certainly (entre nous, dearest B.,) I understand such things
sometimes do often lead to very sad results, but however he
certainly does seem better now.) My papa knows nothing of all
this yet, but he soon must, and I am confident a separation
must ensue, or I shall die, or go mad. Oh how thankful I should
be!... But I could fill two or three sheets more in this way, and
yet I have not told you a hundredth part of his gaucheries, but
really you must be quite sick of hearing of them. If he will but
leave me here when he goes up to town, you will surely pay me
your promised visit—and I will tell you many more miserable
things. In the mean while, oh dearest B., how I envy you being
single, and wish I were so again!—Be sure you burn this when
you have read it—and believe me, your unhappy,
"Cecilia.

"P. S. Of course I shall not ask him for one of his ridiculous
franks, I never do; and as your brother is not with you, you
 must not grumble at paying the postage of this long letter.
"The Lady Blanche Lewisham."

A dull and phlegmatic disposition, like that of Lady Cecilia, must

have been roused and stung indeed, before she could have attained
to such bitterness of expression as is occasionally to be met with in
the above communication. Though it shadows forth, with painful
distinctness, several of the more disadvantageous features of Mr.
Titmouse's character and conduct, there were far darker ones, with
which its miserable writer had not then become acquainted. I shall
but hastily glance at one of them; viz. that he was at that moment
keeping a mistress in town, and commencing the seduction of a
farmer's daughter in the neighborhood of Yatton! Execrable little
miscreant!—why should I defile my paper by further specifying his
gross misdeeds, or dwelling upon their sickening effects on the mind
and feelings of the weak woman, who could suffer herself to be
betrayed into such a monstrous union?—But is she the only one that
has done so?
Whatever may be the accidental and ultimate advantages, in respect
of fortune or social station, expected to be realized by woman in
forming a union with one who would be otherwise regarded with
indifference, or dislike, or disgust, she may rely upon it that she is
committing an act of deliberate wickedness, which will be attended,
probably, for the rest of her life, with consequences of unutterable
and inevitable misery, which even the obtaining of her proposed
objects will not compensate, but only enhance. It is equally a
principle of our law, and of common sense, that people must be
understood to have contemplated the natural and necessary
consequences of their own acts, even if hastily—but by so much the
more if deliberately done. When, therefore, they come to experience
those consequences, let them not complain. A marriage of this
description, is, so to speak, utter dislocation and destruction to the
delicate and beautiful fabric of a woman's character. It perverts, it
deflects the noblest tendencies of her lovely nature; it utterly
degrades and corrupts her; she sinks irretrievably into an inferior
being: instead of her native simplicity and purity, are to be seen
thenceforth only heartlessness and hypocrisy. Her affections and
passions, denied their legitimate objects and outlets, according to
their original weakness or strength of development, either disappear
and wither—and she is no longer WOMAN—or impel her headlong into
coarse sensuality, perhaps at length open criminality; and then she is
expelled indignantly and forever from the community of her sex. 'T is
then, indeed, an angel turned into a FIEND!—Remember, remember,
oh woman! that it is not the mere ring, and the orange blossom,
which constitute the difference between VIRTUE—and VICE!——
Had Lady Cecilia been a woman of acute perceptions or lively
sensibilities, she must have fled from her sufferings—she must have
gone mad, or committed suicide. As it was, dull as was her
temperament, when the more odious points of Titmouse's character
and habits were forced upon her notice by the close and constant
contiguity of daily intercourse, the reflection that such must be the
case for the remainder of their lives, became hourly more
intolerable, and roused into existence feelings of active hatred and
disgust; she became every moment even more alive to the real
horrors of her position. The slender stay she had sought for in the
reflection that she had incurred all by a dutiful submission to her
father's wishes, quickly gave way; she knew that it was false! As for
Titmouse, he had never cared one straw about anything beyond
becoming the husband of the future Baroness of Drelincourt—and
that on account not merely of the dignity and splendor conferred
upon him by such an alliance with the last remaining member of the
elder branch of his ancient family, but also because of the grave and
repeated assurances of Mr. Gammon, that it was in some mysterious
way essential to the tenure of his own position. Had, however, Lady
Cecilia, instead of being cold and inanimate, haughty even to
repulsion in her manner, and of person lean and uninviting—been of
fascinating manners, affectionate disposition, of brilliant
accomplishments, and of ripe loveliness of person, it would, I am
persuaded, have made little or no difference to Mr. Titmouse; since
such a radiant being would, as it were, stand always surrounded by
the invisible but impassable barrier of refinement—forever forbidding
communion and sympathy. As for Lady Cecilia, Titmouse could
scarcely avoid perceiving how she despised him, and shunned his
company on every possible occasion. No person, from merely seeing
them, could have dreamed of their being husband and wife. He
made no secret at all (at least in his own peculiar visiting circles) of
his wishes that the earl's increasing age and infirmities might
quicken, and Lady Cecilia's apparently delicate health decline apace
—and thus accelerate the accession of Mr. Titmouse to the barony of
Drelincourt.
"Ha, ha!" would exclaim his choice boon companions, "won't it be
comical, Tit, to see you take your seat in the Upper House?"
"'Pon my soul, jolly, ah, ah!—Demme, I'll show the old stagers a
funny trick or two!"
"Capital!—ah, ah, ha!—Do the donkey? eh?—You'd make the
chancellor's wig jump off!"
"Ha, ha, ha!—I'll tickle 'em, or my name isn't Tittlebat Titmouse!"—
By all which was meant, that he purposed introducing into the
House of Lords that peculiar mode of debating which had earned
him such quick distinction in the House of Commons!
After they had spent about a month at Yatton, his urgent
Parliamentary duties required Mr. Titmouse to tear himself from that
lovely seclusion—that "bower of bliss"—and resume his arduous post
in the House. Though Lady Cecilia would have vastly preferred being
left behind at Yatton, decency seemed to require that the bride and
bridegroom should make their reappearance in the world jointly, and
she was therefore compelled to accompany him to town; and they
were very soon duly established in his new residence in Park Lane. It
was spacious and elegant—indeed it was furnished with great
splendor, inasmuch as carte blanche had been given to a fashionable
upholsterer. In a moment they were both in the great whirling world
of fashion. Lord Dreddlington gave a series of dinner-parties on their
account, as did several of their distinguished kinsfolk and friends;
and in due time their hospitalities were returned by Mr. Titmouse.
His first dinner-party went off with great éclat, no fewer than four
peers of the realm, with their ladies, being among his guests. Mr.
Titmouse led down to dinner the gigantic Duchess of Tantallan,
blazing in diamonds, his Grace the Duke bringing up the rear with
the Lady Cecilia—and the splendid affair was duly announced, the
ensuing morning, in the obsequious columns of the Aurora. For
some little time Mr. Titmouse occupied his novel and dazzling
position with an approach towards decorum and self-denial; but as
he became familiar with it, his old tastes revived, and Lady Cecilia
and her friends were gratified, for instance, while in the drawing-
room after dinner, by catching occasional sounds of Mr. Titmouse's
celebrated imitations of animals, which, once or twice, when
considerably elevated, he insisted upon giving on his re-entering the
drawing-room! Indeed, he spared no pains to acquire the power of
pleasing society by the display of rare accomplishments; for which
purpose he took lessons every other day in the art diabolic—i. e. in
conjuring; in which he soon became an expert proficient, and could
play marvellous tricks upon cards and with dice, eat pocket-
handkerchiefs, cause wine-glasses visibly to sink through solid
tables, and perform sundry other astounding feats. Nor was he long
in collecting round him guests, who not only tolerated, but professed
infinite delight in, such entertainments—"fit audience, nor few"—
consisting principally of those adventurous gentlemen who have
entered Parliament in a devout reliance on Providence to find them
dinners. 'T was only in such society as this that Titmouse could feel
the least sense of enjoyment, and from which Lady Cecilia altogether
absented herself, often without deigning the slightest reason,
excuse, or apology. In fact, the intemperate habits and irregular
hours of Titmouse, soon rendered it necessary that he and the Lady
Cecilia should occupy separate sleeping apartments; for either his
club, the House, or his other engagements, kept him out till a very
late—or rather early—hour every morning.
It was about half-past eleven o'clock one day towards the latter end
of June, that Mr. Titmouse, having finished breakfast, (which was
surely very early, since he had not gone to bed till four o'clock that
morning,) a meal to which he invariably sat down alone, often not
catching a glimpse of Lady Cecilia during the day, except on a
chance encounter in the hall, or on the stairs, or when they were
forced to go out to dinner together—had entered his library, to enjoy
undisturbed the luxury of his hookah. The apartment was spacious
and handsome. All the sides of it were occupied by very curious
antique carved oak bookcases, which had belonged to the former
tasteful occupant of the house, and from whom they had been
purchased by Titmouse, who then bethought himself of procuring
books to fill them. For this purpose, it luckily occurred to him, on
seeing an advertisement of a library for sale by auction one day, that
it would be a good speculation to be beforehand with the expected
audience, and purchase the aforesaid library in a lump by private
contract. He did so—and at a remarkably low price; giving directions
that they should forthwith be carried to a bookbinder, named by the
obsequious auctioneer—with orders to bind them all in elegant but
as varied bindings as possible. Certainly the works were of a
somewhat miscellaneous character;—old Directories; Poems by
Young Ladies and Gentlemen; Ready-Reckoners; Doddridge's
Expositor; Hints on Etiquette; two hundred Minerva press novels;
triplicate copies of some twenty books on cookery; the art of war;
charades; Cudworth's Intellectual System; books of travels; Bibles,
dictionaries, prayer-books, plays; Treatises on Political Economy, and
Dancing; adventures of noted highwaymen; the classics: moral
essays; Enfield's Speaker; and Burn's Ecclesiastical Law. If these
respectable works had had the least sense of the distinction which
had been so unexpectedly bestowed upon them, they ought not to
have murmured at never afterwards receiving the slightest personal
attention from their spirited and gifted proprietor!—The room was lit
by a large bow-window, which, being partially open, admitted the
pleasant breeze stirring without; while the strong light was mitigated
by the half-drawn blinds, and the ample chintz window-draperies. On
the mantelpiece stood one or two small alabaster statues and vases,
and a very splendid and elaborately ornamented French timepiece.
The only unpleasantness perceptible, was the sort of disagreeable
odor prevalent in rooms which, as in the present instance, are
devoted to smoking. To this apartment had been also transferred
many of the articles that I have described as having been visible in
his rooms at the Albany. Over the mantelpiece was placed the
picture of the boxers,—that of Mr. Titmouse being similarly situated
in the dining-room. On the present occasion, he wore a full crimson
dressing-gown, with yellow slippers; his shirt-collar was open, and
thrown down over his shoulders,—leaving exposed to view a
quantity of sand-colored hair under his throat. In fact, he looked the
image of some impudent scamp of a valet, who has, in his master's
absence, chosen to dress himself in that master's clothes, and affect
his luxurious airs. He lay on the sofa with his hookah in his left hand;
near him was the table, on which stood the Morning Growl, and
some eight or ten letters, only one or two of which had as yet been
opened. He had just leaned back his head, and with an air of
tranquil enjoyment very slowly expelled a mouthful of smoke, when
a servant submissively entered, and announced the arrival of a
visitor—Mr. Gammon.
"How d' ye do, Gammon!—early, eh?" commenced Titmouse, without
stirring, and with infinite composure and nonchalance. Mr. Gammon
made the usual reply, and presently sat down in the chair placed for
him by the servant, nearly opposite to Mr. Titmouse—who, had he
been accustomed to observation, or capable of it, might have
detected something rather unusual in the flushed face, the anxious
and restless eye, and the forced manner of his visitor.
"Likely to be a devilish hot day—'pon my soul!".—exclaimed
Titmouse, after again emptying his mouth—adding in a tolerably
conceited manner—"By the way—here's a letter from Snap—just
opened it!—Rather cool, after what's passed—eh? Dem him, asks me
for a place under government;—Ah—a—what's he fit for?"
"For what he is, and nothing else," replied Gammon, with a bitter
smile, glancing over poor Snap's letter, which Titmouse handed to
him, though marked "strictly confidential"—Gammon being
undoubtedly the very last man upon earth whom Snap would have
wished to know of his application.
"Were you at the House last night?" inquired Gammon—"They sat
very late! Lord Bulfinch made, I think, a very powerful speech"—
—
"Yes—devilish good—rather long though; and too many of those
cursed figures that—by Jove—no one cares about!" replied
Titmouse, languidly.
He had by this time turned himself towards Mr. Gammon,—his right
arm and leg hanging carelessly over the further side of the sofa.
"Lady Cecilia is well, I hope?"
"Can't say—not seen her this week," drawled Titmouse. "I'll ring and
ask if you wish," he added, with an affected smile.
"Ah, my dear Titmouse," quoth Gammon, blandly, and with a smile
of delicious flattery, "I hope you don't give her Ladyship just cause
for jealousy?—eh? You must not avail yourself of your—your
acknowledged power over the sex—ahem!"
Mr. Titmouse, half closing his eyes, silently expelled a mouthful of
smoke, while an ineffable smile stole over his features.
"You must not neglect her Ladyship, Titmouse," quoth Gammon,
gently shaking his head, and with an anxiously deferential air.
"'Pon my life, I don't neglect her!—Public life, you know—eh?"
replied Titmouse, slowly, with his eyes closed, and speaking with the
air of one suffering from ennui. Here a pause of some moments
ensued.
"Can we have about half an hour to ourselves, uninterruptedly?" at
length inquired Mr. Gammon.
"Ah—a—why—my singing-master is coming here a little after
twelve," quoth Titmouse, turning himself round, so as to be able to
look at the clock on the mantelpiece.
"Oh, probably less than that period will suffice, if we shall not be
interrupted—may I ring the bell, and will you give orders to that
effect?" With this, Gammon rang the bell; and on the servant's
appearing:—
"I say, sir—do you hear, demme?" said Titmouse, "not at home—till
this gentleman's gone." The man bowed, and withdrew; and on his
closing the door, Gammon softly stepped after him and bolted it; by
which time Titmouse, somewhat startled, withdrew his hookah, for
an instant, from his mouth, and gazed rather anxiously at Gammon,
about whose appearance he then, for the first time, fancied he saw
something unusual.
"Aha!—My stars, Mr. Gammon, we're going to be devilish secret—
aren't we!" exclaimed Titmouse, with a faint smile, having watched
Mr. Gammon's movement with great surprise; and he began to
smoke rather more energetically than before, with his eye fixed on
the grave countenance of Mr. Gammon.
"My dear Titmouse," commenced his visitor, drawing his chair near
to him, and speaking in a very earnest but kindly manner, "does it
never astonish you, when you reflect on the stroke of fortune which
has elevated you to your present point of splendor and distinction?"
"Most amazing!—uncommon!" replied Titmouse, apprehensively.
"It is!—marvellous! unprecedented! You are the envy of hundreds
upon hundreds of thousands! Such an affair as yours does not
happen above once or twice in a couple of centuries—if so often!
You cannot imagine the feelings of delight with which I regard all
this—this brilliant result of my long labors, and untiring devotion to
your service."—He paused.
"Oh, 'pon my life, yes; it's all very true," replied Titmouse, with a
little trepidation, replenishing the bowl of his hookah with tobacco.
"May I venture to hope, my dear Titmouse, that I have established
my claim to be considered, in some measure, as the sole architect of
your extraordinary fortunes—your earliest—your most constant
friend?"
"You see, as I've often said, Mr. Gammon—I'm most uncommon
obliged to you for all favors—so help me——! and no mistake," said
Titmouse, exhibiting a countenance of increasing seriousness; and
he rose from his recumbent posture, and, still smoking, sat with his
face turned full towards Mr. Gammon, who resumed—
"As I am not in the habit, my dear Titmouse, of beating about the
bush, let me express a hope that you consider the services I have
rendered you not unworthy of requital"——
"Oh yes—to be sure—certainly," quoth Titmouse, slightly changing
color—"anything, by Jove, that's in my power—but it is most
particular unfortunate that—ahem!—so deuced hard up just now—
but—ah, 'pon my soul, I'll speak to Lord Bulfinch, or some of those
people, and get you something—though I sha'n't do anything of the
kind for Snap—dem him! You've no idea," continued Titmouse,
anxiously, "how devilish thick Lord Bulfinch and I are—he shakes
hands with me when we meet alone in the lobby—he does, 'pon my
life."
"I am very much obliged, my dear Titmouse, for your kind offer—but
I have a little political influence myself, when I think fit to exert it,"
replied Gammon, gravely.
"Well, then," interrupted Titmouse, eagerly—"as for money, if that's
what—by jingo! but if you don't know how precious hard up one is
just now"—
"My dear sir," replied Gammon, his countenance sensibly darkening
as he went on, "the subject on which we are now engaged is one of
inexpressible interest and importance, in my opinion, to each of us;
and let us discuss it calmly. I am prepared to make a communication
to you immediately, which you will never forget to the day of your
death. Are you prepared to receive it?"
"Oh yes!—Never so wide awake in my life! O Lord! fire away!"—
replied Titmouse; and taking the tip of his hookah from his lips, and
holding it in the fingers of his left hand, he leaned forward, staring
open-mouthed at Gammon.
"Well, my dear Titmouse, then I will proceed. I will not enjoin you to
secrecy;—and that not merely because I have full confidence in your
honor—but because you cannot disclose it to any mortal man but at
the peril of immediate and utter ruin."
"'Pon my soul, most amazing! Demme, Mr. Gammon, you frighten
me out of my wits!" said Titmouse, turning paler and paler, as his
recollection became more and more distinct of certain mysterious
hints of Mr. Gammon's, many months before, at Yatton, as to his
power over Titmouse.
"Consider for a moment. You are now a member of Parliament; the
unquestioned owner of a fine estate; the husband of a lady of very
high rank—the last direct representative of one of the proudest and
most ancient of the noble families of Great Britain; you yourself are
next but one in succession to almost the oldest barony in the
kingdom; in fact, in all human probability, you are the next Lord
Drelincourt; and all this through ME." He paused.
"Well—excuse me, Mr. Gammon—but I hear;—though—ahem! you're
(meaning no offence)—I can't for the life and soul of me tell what
the devil it is you're driving at"—said Titmouse, twisting his finger
into his hair, and gazing at Gammon with intense anxiety. For some
moments Mr. Gammon remained looking very solemnly and in
silence at Titmouse; and then proceeded.
"Yet you are really no more entitled to be what you seem—what you
are thought—or to possess what you at present possess—than—the
little wretch that last swept your chimneys here!"
The hookah dropped out of Titmouse's hand upon the floor, and he
made no effort to pick it up, but sat staring at Gammon, with cheeks
almost as white as his shirt-collar, and in blank dismay.
"I perceive you are agitated, Mr. Titmouse," said Gammon, kindly.
"By Jove—I should think so!" replied Titmouse, faintly; but he tried
to assume an incredulous smile—in vain, however; and to such a
pitch had his agitation reached, that he rose, opened a cabinet near
him, and taking out from it a brandy-flask and a wine-glass, poured
it out full, and drank it off. "You a'n't joking, Mr. Gammon, eh?"
Again he attempted a sickly smile.
"God forbid, Mr. Titmouse!"
"Well—but," faltered Titmouse, "why a'n't I entitled to it all? Hasn't
the law given it to me? And can't the law do as it likes?"
"No one on earth knows the what and the why of this matter but
myself; and, if you choose, no one ever shall; nay, I will take care, if
you come this morning to my terms, to deprive even myself of all
means of proving what I can now prove, at any moment I
choose"——
"Lord, Mr. Gammon!" ejaculated Titmouse, passing his hand hastily
over his damp forehead—his agitation visibly increasing. "What's to
be the figure?" he faltered presently, and looked as if he dreaded to
hear the answer.
"If you mean, what are my terms—I will at once tell you:—they are
terms on which I shall peremptorily insist; they have been long fixed
in my own mind; I am quite inflexible; so help me Heaven, I will not
vary from them a hair's breadth! I require first, to sit in Parliament
for Yatton at the next election; and afterwards alternately with
yourself; and secondly, that you immediately grant me an annuity for
my life of two thousand pounds a-year on your"——
Titmouse sprang from the sofa, dashing his fist on the table, and
uttering a frightful imprecation. He stood for a moment, and then
threw himself desperately at full length on the sofa, muttering the
same execration which had first issued from his lips. Gammon
moved not a muscle, but fixed a steadfast eye on Titmouse; the two
might have been compared to the affrighted rabbit, and the deadly
boa-constrictor.
"It's all a swindle!—a d——d swindle!" at length he exclaimed,
starting up into a sitting posture, and almost grinning defiance at
Gammon.
"You're a swindler!"—he exclaimed vehemently.
"Possibly—but you, sir, are a BASTARD," replied Gammon, calmly.
Titmouse looked the picture of horror, and trembled in every limb.
"It's a lie!—It's all a lie!"—he gasped.
"Sir, you are a bastard"—repeated Gammon, bitterly, and extending
his forefinger threateningly towards Titmouse. Then he added with
sudden vehemence—"Wretched miscreant—do you presume to tell
me I lie? You base-born cur!"—a lightning glance shot from his eye;
but he restrained himself. Titmouse sat at length as if petrified, while
Gammon, in a low tone, and with fearful bitterness of manner,
proceeded—"You the owner of Yatton? You the next Lord
Drelincourt? No more than the helper in your stables! One breath of
mine blights you forever—as an impostor—a mere audacious
swindler—to be spit upon! to be kicked out of society—perhaps to be
transported for life. Gracious Heavens! what will the Earl of
Dreddlington say when he hears that his sole daughter and heiress
is married to a——It will kill him, or he will kill you!"
"Two can play at that," whispered Titmouse, faintly—indeed almost
inarticulately. There was nearly a minute's pause.
"No—but is it all true?—honor!" inquired Titmouse, in a very
subdued voice.
"As God is my witness!" replied Gammon.
"Well," exclaimed Titmouse, after a prodigious sigh, "then at any
rate, you're in for it with me; you said just now you'd done it all.
Aha! I recollect, Mr. Gammon! I should no more have thought of it
myself—Lord! than—what d'ye say to that, Mr. Gammon?"
"Alas, sir! it will not avail you," replied Gammon, with a fearful smile;
"for I never made the dreadful discovery of your illegitimacy till it
was too late—till at least two months after I had put you (whom I
believed the true heir) into possession of Yatton!"
"Ah—I don't know—but—why didn't you tell Lord Dreddlington? Why
did you let me marry Lady Cicely? By Jove, but it's you he'll kill,"
quoth Titmouse, eagerly.
"Yes!—Alas! I ought to have done so," replied Mr. Gammon, with a
profound sigh—adding, abstractedly, "It may not be too late to make
his Lordship some amends. I may save his title from degradation.
Lord Drelincourt"——
"O Lord!" ejaculated Titmouse, involuntarily, and almost
unconsciously, staring stupidly at Gammon, who continued with a
renewed sigh—"Yes, I ought to have told his Lordship—but I own—I
was led away by feelings of pity—of affection for YOU—and, alas! is
this the return?" He spoke this with a look and in a tone of sorrowful
reproach.
"Well, you shouldn't have come down on one so suddenly—all at
once—how can a man—eh? Such horrid news!"
"It has cost me, sir, infinitely greater pain to tell you, than it has cost
you to hear it!"
"By the living Jove!" exclaimed Titmouse, starting up with a sort of
recklessness, and pouring out and tossing off a second glassful of
brandy—"it can't be true—it's all a dream! I—I a'n't—I can't be a bas
—— perhaps you're all this while the true heir, Mr. Gammon?" he
added briskly, and snapped his fingers at his companion.
"No, sir, I am not," replied Gammon, calmly; "but let me tell you, I
know where he is to be found, Mr. Titmouse! Do you commission me
to go in search of him?" he inquired, suddenly fixing his bright
penetrating eye upon Titmouse, who instantly stammered out—"O
Lord! By Jove! no, no!"
Gammon could scarcely suppress a bitter smile, so ludicrous were
the look and tone of Titmouse.
"You shouldn't have let me spend such a lot of money, if it wasn't
mine all the while"——
"The estate was, in a manner, Mr. Titmouse, in my gift; and in
pitching upon you, sir, out of several, I had imagined that I had
chosen a gentleman—a man grateful and honorable"——
"'Pon my solemn soul, so I am!" interrupted Titmouse, eagerly.
"I had but to scrawl a line or two with my pen, the very first day that
I saw you at the shop of Mr. Tag-rag—and there, sir—or in some
similar hole—you would have been at this moment!" replied
Gammon, with a sudden sternness which quite overawed Titmouse;
totally losing sight, however, of the very different account of the
matter which he had given Titmouse five minutes before; but the
very best and most experienced liars have short memories. Here it
was, however, Liar v. Fool; and the latter did not perceive the slip
made by his adversary—who, however, suddenly became aware of
his little inconsistency, and colored.
"You'll excuse me, sir," quoth Titmouse, presently; and with an air
which was becoming momentarily more timid and doubtful—"but will
you, if all this isn't a bottle of smoke, tell me how you can prove it
all? Because, you know, it isn't only saying the thing that will do—
you know, Mr. Gammon?"
"Certainly—certainly! You are quite right, Mr. Titmouse! Nothing can
be more reasonable! Your curiosity shall be gratified. Aware that
your natural acuteness, my dear sir, would in all probability prompt
you to make the very observation you have now made, I have
provided myself with the two principal documents, and you shall see
them; though I doubt whether you will at first sight understand
them, or appreciate their importance; but, if you desire it, I will fully
explain them to you."
With this he produced his pocket-book, and took out carefully two
small pieces of paper, folded up, which, after a very brief preliminary
explanation which made Titmouse tremble from head to foot, and no
longer disbelieve the representations of Gammon, he unfolded and
read—Titmouse looking affrightedly over his shoulder.
"Do I know the hand-writing?" he inquired faintly.
"Probably not," replied Gammon.
"It's a devilish queer sort of writing, and precious little of it"——
"It is, and when you consider"——
"Are both in the same handwriting?" inquired Titmouse, taking them
into his tremulous hand; while Gammon observed that his
countenance indicated the despair which had taken possession of
him.
"That cursed curtain is so much in the light," said Titmouse, looking
up; and going towards it, as if to draw it aside, he started suddenly
away from Gammon, and with frenzied gestures tore the little papers
to pieces with inconceivable rapidity, and flung them out of the
window, where a brisk breeze instantly took them up, and scattered
them abroad—the glistening fragments—never to be again reunited.
Having performed this astounding feat, he instantly turned round,
and leaning his back against the window, gazed at Gammon with a
desperate air of mingled apprehension and triumph, but spoke not a
word. Nor did Gammon; but—oh the dreadful look with which he
regarded Titmouse while slowly approaching towards him! who,
stepping aside, as Gammon advanced, reached the cabinet, and with
desperate rapidity threw open the door, and, as if the devil had been
waiting his bidding, in a moment turned round upon Gammon with a
pistol.
"So help me God, I'll fire!" gasped Titmouse, cocking and presenting
it—"I will—I WILL—One!—Two!—For God's sake! be off!—It's loaded,
and no mistake!—If I say Th—I'll fire, if I'm hanged for it!"
"Booby! You may put your pistol down, sir!" said Gammon, calmly
and resolutely, a contemptuous smile passing over his whitened
features.
"Demme!—distance!—Keep your distance!" cried Titmouse, his voice
quivering with agitation.
"Ridiculous simpleton!—You poor rogue!" said Gammon, laughingly.
There was, however, murder in his smile; and Titmouse instinctively
perceived it. He kept his deadly weapon pointed full at Gammon's
breast, but his hand trembled violently. 'T was wonderful that some
chance motion of the shaking finger of Titmouse, did not send a
bullet through Mr. Gammon's heart.
He stood, for a minute or two, gazing steadfastly, and without
moving, at Titmouse; and then, shrugging his shoulders, with a
bitter smile returned to his chair, and resumed his seat. Titmouse,
however, refused to follow his example.
"So help me God, sir! I will not hurt a hair of your head," said
Gammon, earnestly. Still Titmouse remained at the window, pistol in
hand. "Why should I hurt you? What have you now to fear, you little
idiot?" inquired Gammon, impatiently. "Do you, then, really think you
have injured me? Do you positively think me so great a fool, my
friend, as really to have trusted you with the precious originals, of
which those were only the copies?—Copies which I can replace in a
minute or two's time! The originals, believe me, are far away, and
safe enough under lock and key!"
"I—I—I don't believe you," gasped Titmouse, dropping the hand that
held the pistol, and speaking in a truly dismal tone.
"That does not signify, my excellent little rogue," said Gammon, with
an infernal smile, "if the fact be so. That you are a fool, you must by
this time even yourself begin to suspect; and you surely can't doubt
that you are something like an arrant villain after what has just
taken place? Eh? 'T was a bright idea truly—well conceived and
boldly executed. I give you all the credit for it; and it is only your
misfortune that it was not successful. So let us now return to
business. Uncock your pistol—replace it in your cabinet, and resume
your seat; or in one minute's time I leave you, and go direct to Lord
Dreddlington; and if so, you had better use that pistol in blowing out
your own brains—if you have any."
Titmouse, after a moment or two's pause of irresolution, passively
obeyed—very nearly on the point of crying aloud with
disappointment and impotent rage; and he and Gammon were
presently again sitting opposite to one another.
Gammon was cold and collected—yet must it not have cost him a
prodigious effort? Though he had told Titmouse that they were
copies only which he had destroyed, they were, nevertheless, the
ORIGINALS, which, with such an incredible indiscretion, he had trusted
into the hands of Titmouse; they were the ORIGINALS which Titmouse
had just scattered to the winds; and who, in so doing, had suddenly
—but unknowingly—broken to pieces the wand of the enchanter
who had long exercised over him so mysterious and despotic an
authority!—How comes it, that we not unfrequently find men of the
profoundest craft, just at the very crisis of their fortunes, thus
unexpectedly, irretrievably, and incredibly committing themselves? In
the present instance, the only satisfactory way of accounting for Mr.
Gammon's indiscretion, would seem to be by referring it to a sense
of security engendered by his utter contempt for Titmouse.
"Are you now satisfied, Mr. Titmouse, that you are completely at my
mercy, and at the same time totally undeserving of it?" said
Gammon, speaking in a low and earnest tone, and with much of his
former kindness of manner. To an observant eye, however, what was
at that moment the real expression in that of Gammon? Soothing
and gentle as was his voice, he felt as if he could instantly have
destroyed the audacious little miscreant before him. But he
proceeded with wonderful self-command—"Do not, my dear
Titmouse, madly make me your enemy—your enemy for life—but
rather your friend—your watchful and powerful friend and protector,
whose every interest is identified with your own. Remember all that
I have done and sacrificed for you—how I have racked my brain for
you day and night—always relying upon your ultimate gratitude. Oh,
the endless scheming I have had to practise, to conceal your fatal
secret—and of which you shall ere long know more! During these
last two years have I not ruinously neglected my own interests, to
look after yours?"
Gammon paused, and abruptly added—"I have but to lift my finger,
and this splendid dressing-gown of yours, my poor Titmouse, is
exchanged for a prison-jacket"——
"Oh Lord! oh Lord! oh Lord!" suddenly exclaimed Titmouse, with a
shudder—"I wish I were dead and forgotten! oh Lord! what shall I
do? 'Pon my soul"—he struck his forehead with some violence—"I'm
going mad"——
"Consider, Mr. Titmouse, calmly, how reasonable and moderate is my
offer"—proceeded Gammon; who now and then, however,
experienced changes of color, on the sudden recurrence of a sense
of his last misfortune.
"Here's Lady Cicely to have £3,000 a-year," passionately interposed
Titmouse.
"Not till after your death, my dear sir"——
"Then she shall have it directly; for curse me if I don't kill
myself!"——
"Then she would never have a farthing—for I should instantly
produce the real heir"——
"Yah!" exclaimed Titmouse, uttering a sound like the sharp, furious
bark of a cur, foiled at all points. He threw himself on the sofa, and
folded his arms on his breast, compressing them, as it were, with
convulsive vehemence.
"Do not excite yourself, Mr. Titmouse—you are still one of the most
fortunate men upon earth, to have fallen into hands like mine, I can
assure you! You will still enjoy a truly splendid income—little short of
nine thousand a-year—for I will undertake to raise the Yatton rental,
within a few short months, to twelve or thirteen thousand a-year, as
I have often told you—I have explained to you over and over again,
how absurdly under their value they were let in the time of"——
"And you've perhaps forgotten that I've borrowed nearly fifty
thousand pounds—that costs nothing, I suppose!"
"Well, certainly, you must be a little careful for a year or two, that's
all"——
"Demme, sir!—I must give up my yacht!" exclaimed Titmouse,
desperately, snapping his thumb and finger vehemently at Gammon.
"Yes—or Yatton," replied Gammon, sternly. "After all—what more
shall I be than a sort of steward of yours?"
"I don't want one," interrupted Titmouse; and, starting from the
sofa, walked to the window, where he stood with his back turned
towards Gammon, and crying! Gammon eyed him for several
minutes in silence; and then slowly approaching him, tapped him
briskly on the shoulder. Titmouse started. "Come, sir—you have now,
I hope, relieved your small feelings, and must attend to me—and be
prompt, too, sir! The time for trifling, and playing the baby, or the
girl, is gone. Hark you, sir!—yield me my terms, or this very day I
spring a mine under your feet, you little villain! that shall blow you
into ten thousand atoms, and scatter them wider than ever you
scattered just now those bits of worthless paper! Do you hear that?"
As he said this, he took hold of the collar of Titmouse's dressing-
gown, which Titmouse felt to be grasped by a hand, tightening
momentarily. Titmouse made no reply; but gazed at Gammon with a
countenance full of distress and terror.
"Pause," continued Gammon, in a low vehement tone and manner,
"and you are lost—stripped of this gaudy dress—turned out of this
splendid house into the streets, or a prison!—If I quit this room—
and I will not wait much longer—without your plain and written
consent to my terms, I shall go direct to my Lord Dreddlington, and
tell him the obscure and base-born impostor that has crept"——
"Oh, Mr. Gammon—Mr. Gammon! have mercy on me!" exclaimed
Titmouse, shaking like an aspen-leaf—at length realizing the terrible
extent of danger impending over him.
"Have mercy on yourself!" rejoined Gammon, sternly.
"I will!—I'll do all you ask—I will, so help me——!"
"I'm glad to hear it!" said Gammon, relaxing his hold of Titmouse;
and, in a voice of returning kindness, adding—"Oh, Titmouse,
Titmouse! how fearful would be the scene—when your noble father-
in-law—alas! you must have quitted the country! His Lordship would
have instantly divorced you from the Lady Cecilia!"
"You can't think how I love Lady Cicely!" exclaimed Titmouse, in a
broken voice.
"Ay—but would she love you, if she knew who and what you were?"
"Oh Lord! oh Lord! I love Lady Cicely! I love Lady Cicely!"
"Then get pen, ink, and paper, if you would not lose her forever!"
"Here they are, Mr. Gammon!" exclaimed Titmouse, hastily stepping
to his desk which lay on the table; and with tremulous eagerness he
got out a quire of writing-paper and took a pen. "Suppose you write,
Mr. Gammon," said he, suddenly—"my hand trembles so! Lord! I feel
so sick, I'll sign anything you like!"
"Perhaps it would be better," replied Gammon, sitting down, and
dipping his pen into the inkstand; "it may save time." He
commenced writing; and, as he went on, said at intervals—"Yes,
Titmouse! Thank God, all is now over! It shall no longer be in Lord
Dreddlington's power—no, nor any one's—to beggar you—to
transport you—to take your noble wife from you"——
"Oh, no, no! You know Lady Cicely's taken me for better for worse,
for richer for poorer!" interrupted Titmouse, in a sort of agony of
apprehension.
"Ah, Titmouse! But she did not know, when she said that, that she
was speaking to a"——
"What! wouldn't it have held good?" exclaimed Titmouse, perfectly
aghast.
"We need not speculate on a case that cannot arise, my dear
Titmouse," replied Gammon, eying him steadfastly, and then
resuming his writing.—"This paper becomes, as they say at sea, your
sheet-anchor!—Here you shall remain—the owner of Yatton—of this
splendid house—husband of Lady Cecilia—a member of Parliament—
and in due time, as 'my Lord Drelincourt,' take your place
permanently in the Upper House of Parliament, among the
hereditary legislators of your country. Now, Mr. Titmouse, sign your
name, and there's an end forever of all your unhappiness!"
Titmouse eagerly took the pen, and, with a very trembling hand
affixed his signature to what Gammon had written.
"You'll sign it too, eh?" he inquired timidly.
"Certainly, my dear Titmouse."—Gammon affixed his signature, after
a moment's consideration.—"Now we are both bound—we are
friends for life! Let us shake hands, my dear, dear Titmouse, to bind
the bargain!"
They did so, Gammon cordially taking into his hands those of
Titmouse, who, in his anxiety and excitement, never once thought of
asking Mr. Gammon to allow him to read over what had been just
signed.
"Oh Lord!" he exclaimed, heaving a very deep sigh, "It seems as if
we'd been only in a dream! I begin to feel something like again!—it's
really all right?"
"On my sacred word of honor," replied Gammon, laying his hand on
his heart, "provided you perform the engagement into which you
have this day entered."
"Never fear! honor bright!" said Titmouse, placing his on his heart,
with as solemn a look as he could assume.
Mr. Gammon, having folded up the paper, put it into his pocket-book.
"I was a trifle too deep for you, Titmouse, eh?" said he, good-
humoredly. "How could you suppose me green enough to bring you
the real documents?" he added with perfect command of voice and
feature.
"Where are they?" inquired Titmouse, timidly.
"At a banker's, in a double-iron strong box, with three different
locks."
"Lord!—But, in course, you'll put them into the fire when I've
performed my agreement, eh?"
Gammon looked at him for a moment, doubtful what answer to
make to this unexpected question.
"My dear Titmouse," said he at length, "I will be candid—I must
preserve them—but no human eye shall ever see them except my
own."
"My stars!—Excuse me"—stammered Titmouse, uneasily.
"Never fear my honor, Titmouse! Have you ever had reason to do
so?"
"No—never! It's quite true! And why don't you trust me?"
"Have you forgotten!—Did I not trust you—as you supposed"—
quickly subjoined Gammon, positively on the point of again
committing himself—"and when you fancied you really had in your
power the precious original documents?"
"Oh! well"—said Titmouse, his face flushing all over—"but that's all
past and gone."
"You must rely on my honor—and I'll tell you why. What would be
easier than for me to pretend to you that the papers which you
might see me burn, were really the originals—and yet be no such
thing?"
"In course—yes; I see!" replied Titmouse—who, however, had really
not comprehended the case which Gammon had put to him. "Well—
but—I say—excuse me, Mr. Gammon"—said Titmouse, hesitatingly
returning, as Gammon imagined, to the charge—"but—you said
something about the real heir."
"Certainly. There is such a person, I assure you!"
"Well—but since you and I, you know, have made it up, and are
friends for life—eh? What's to be done with the fellow? (betwixt
ourselves!)"
"That is at present no concern—nay, it never will be any concern of
yours or mine. Surely it is enough for you, that you are enjoying the
rank and fortune belonging to some one else? Good gracious! I can't
help reminding you—fancy the natural son of a cobbler—figuring
away as the Right Honorable Lord Drelincourt—while all the while,
the real Lord Drelincourt is—nay, at this moment, pining, poor soul!
in poverty and obscurity."
"Well—I dare say he's used to it, so it can't hurt him much! But I've
been thinking, Mr. Gammon, couldn't we get him—pressed? or
enlisted into the army?—He's a deuced deal better out of the way,
you know, for both of us!"
"Sir!" interrupted Gammon, speaking very seriously, and even with a
melancholy and apprehensive air—"leave the future to me. I have
made all requisite arrangements, and am myself implicated already
to a fearful extent on your behalf. The only person on earth, besides
myself, who can disturb my arrangements, is yourself."
Here a gentle tapping was heard at the door.
"Be off!" shouted Titmouse, with angry impatience; but Mr.
Gammon, who was anxious himself to be gone, stepped to the door,
and opening it, a servant entered—a tall graceful footman, with
powdered hair, shoulder-knot, and blue and yellow livery—and who
obsequiously intimated to Mr. Titmouse, that Signor Sol-fa had been
in attendance for at least half-an-hour.
"A—a—I don't sing to-day—let him come to-morrow," said Titmouse,
with attempted ease, and the servant withdrew.
"Farewell, Mr. Titmouse—I have a most important engagement
awaiting me at the office—so I must take my leave. Will you execute
the necessary documents so soon as they are ready? I will cause
them to be prepared immediately."
"Oh, yes!"—and he added in a lower tone—"take care, Mr. Gammon,
that no one knows why!—eh, you know?"
"Leave that to me!—Good-morning, Mr. Titmouse," replied Gammon,
buttoning his surtout, and taking up his gloves and hat; and having
shaken Titmouse by the hand, he was the next moment in the street
—where he heaved a prodigious sigh—which, however, only
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