Do you mean to say they never audited you?'
'Yes, sir, they did so four times.'
'In how long?'
'In fourteen months.'
The air-balloon was gone and the cannon-ball back in its place once more.
'That will be held to exonerate them.'
'No, sir, I think not. "Frequently and periodically" does not mean four times in fourteen months.'
'A jury might take it so.'
'Consider, sir, that the object was that your liability should be limited. Thousands of pounds were passing through my hands in that time, and therefore these four audits were, as one might say, insufficient for the object of the bond.'
'So I think,' cried Maude, with conviction. 'Frank, we'll have the best advice upon the subject to-morrow.'
'And meanwhile, Mr. Crosse,' said Farintosh, rising from his chair, 'I am your witness, whether the Company prosecutes me or not. And I hope that this will be some humble atonement for the trouble that I have brought you.'
And so a first rift of light began to shine in the dark place. But it was not broadened by the letter which he found waiting upon his breakfast-table -
Re Farintosh's Accounts.
HOTSPUR INSURANCE OFFICE.
Dear Sir,--On arriving in London I came here at once, and checked Farintosh's accounts from the books of the head office. I am sorry to say that I find a further discrepancy of seventy pounds. I am able, however, to assure you that we have now touched bottom. The total amount is three hundred and forty pounds, and a cheque for that sum at your early convenience would oblige us, as we are anxious to bring so unpleasant a business to a conclusion.--Yours truly,
JAMES WINGFIELD.
To which Frank and Maude in collaboration -
Dear Sir,--I note your claim for 340 pounds on account of the affairs of your agent Farintosh. I am advised, however, that there have been certain irregularities in the matter, about which I must make some investigation before paying the claim.--Yours truly,
Frank Crosse.
To which the Hotspur Insurance Office -
Sir,--Had your letter been a plea for more time to fulfil your engagement, we should have been content to wait; but since you appear disposed to dispute your liability, we have no alternative but to take immediate steps to enforce payment. -
Yours truly, JOHN WATERS, Secretary.
To which Frank and Maude -
Sir,--My solicitor, A. C. R. Owen, of 14 Shirley Lane, E.C., will be happy to accept service.
Which is the correct legal English for 'You may go to the devil!'
But this is an anticipation. In the meantime, having received the original letter and answered it, Frank went up to town as usual, while Maude played the more difficult part of waiting quietly at home. In his lunch-hour Frank went to see his friend and solicitor, who in turn obtained leave to see the bond, and came back with a grave face.
'You have a case,' said he, 'but by no means a certainty. It all depends upon how the judge might read the document. I think that it would strengthen our case very materially if we had counsel's opinion. I'll copy the bond and show it to Manners, and have his opinion before you go back to-night.'
So Frank went round again after office-hours, and found Owen waiting in very low spirits, for their relations were closer than those of mere solicitor and client.
'Very sorry,' said he.
'Opinion against us.'
'Dead against us.'
Frank tried to look as if he didn't mind.
'Let me see it.'
It was a long blue document with the heading, 'The Hotspur Insurance Company, Limited, v. Frank Crosse.'
'I have perused the case submitted to me, and the papers accompanying the same,' said the learned counsel, 'and in my opinion the Hotspur Insurance Company, Limited, are entitled to recover from Mr. Crosse under his guarantee, the sum of 340 pounds, being monies received by Mr. Farintosh, and not paid over by him to the said Company.' There was a great deal more, but it was anticlimax.
'Well, what shall we do?' asked Frank helplessly. The British law makes one feel so.