Rise and Fall of Cesar Birotteau [90]
Ragons to say nothing, and not to take from my home the peace I need so much in my struggle against misfortune."
Pillerault made a gesture of assent.
"Courage, Cesar!" he said. "I see you are angry with me; but later, when you think of your wife and daughter, you will do me justice."
Discouraged by his uncle's opinion, and recognizing its clear- sightedness, Cesar tumbled from the heights of hope into the miry marshes of doubt and uncertainty. In such horrible commercial straits a man, unless his soul is tempered like that of Pillerault, becomes the plaything of events; he follows the ideas of others, or his own, as a traveller pursues a will-o'-the-wisp. He lets the gust whirl him along, instead of lying flat and not looking up as it passes; or else gathering himself together to follow the direction of the storm till he can escape from the edges of it. In the midst of his pain Birotteau bethought him of the steps he ought to take about the mortgage on his property. He turned towards the Rue Vivienne to find Derville, his solicitor, and institute proceedings at once, in case the lawyer should see any chance of annulling the agreement. He found Derville sitting by the fire, wrapped in a white woollen dressing-gown, calm and composed in manner, like all lawyers long used to receiving terrible confidences. Birotteau noticed for the first time in his life this necessary coldness, which struck a chill to the soul of a man grasped by the fever of imperilled interests,--passionate, wounded, and cruelly gashed in his life, his honor, his wife, his child, as Cesar showed himself to be while he related his misfortunes.
"If it can be proved," said Derville, after listening to him, "that the lender no longer had in Roguin's hands the sum which Roguin pretended to borrow for you upon your property, then, as there has been no delivery of the money, there is ground for annulling the contract; the lender may seek redress through the warranty, as you will for your hundred thousand francs. I will answer for the case, however, as much as one can ever answer. No case is won till it is tried."
The opinion of so able a lawyer restored Cesar's courage a little, and he begged Derville to obtain a judgment within a fortnight. The solicitor replied that it might take three months to get such a judgment as would annul the agreement.
"Three months!" cried Birotteau, who needed immediate resources.
"Though we may get the case at once on the docket, we cannot make your adversary keep pace with us. He will employ all the law's delays, and the barristers are seldom ready. Perhaps your opponents will let the case go by default. We can't always get on as we wish," said Derville, smiling.
"In the commercial courts--" began Birotteau.
"Oh!" said the lawyer, "the judges of the commercial courts and the judges of the civil courts are different sorts of judges. You dash through things. At the Palais de Justice we have stricter forms. Forms are the bulwarks of law. How would you like slap-dash judgments, which can't be appealed, and which would make you lose forty thousand francs? Well, your adversary, who sees that sum involved, will defend himself. Delays may be called judicial fortifications."
"You are right," said Birotteau, bidding Derville good-by, and going hurriedly away, with death in his heart.
"They are all right. Money! money! I must have money!" he cried as he went along the streets, talking to himself like other busy men in the turbulent and seething city, which a modern poet has called a vat. When he entered his shop, the clerk who had carried round the bills informed him that the customers had returned the receipts and kept the accounts, as it was so near the first of January.
"Then there is no money to be had anywhere," said the perfumer, aloud.
He bit his lips, for the clerks all raised their heads and looked at him.
Five days went by; five days during which Braschon, Lourdois, Thorein, Grindot, Chaffaroux, and all the other creditors with unpaid bills passed through the chameleon phases that are customary
Pillerault made a gesture of assent.
"Courage, Cesar!" he said. "I see you are angry with me; but later, when you think of your wife and daughter, you will do me justice."
Discouraged by his uncle's opinion, and recognizing its clear- sightedness, Cesar tumbled from the heights of hope into the miry marshes of doubt and uncertainty. In such horrible commercial straits a man, unless his soul is tempered like that of Pillerault, becomes the plaything of events; he follows the ideas of others, or his own, as a traveller pursues a will-o'-the-wisp. He lets the gust whirl him along, instead of lying flat and not looking up as it passes; or else gathering himself together to follow the direction of the storm till he can escape from the edges of it. In the midst of his pain Birotteau bethought him of the steps he ought to take about the mortgage on his property. He turned towards the Rue Vivienne to find Derville, his solicitor, and institute proceedings at once, in case the lawyer should see any chance of annulling the agreement. He found Derville sitting by the fire, wrapped in a white woollen dressing-gown, calm and composed in manner, like all lawyers long used to receiving terrible confidences. Birotteau noticed for the first time in his life this necessary coldness, which struck a chill to the soul of a man grasped by the fever of imperilled interests,--passionate, wounded, and cruelly gashed in his life, his honor, his wife, his child, as Cesar showed himself to be while he related his misfortunes.
"If it can be proved," said Derville, after listening to him, "that the lender no longer had in Roguin's hands the sum which Roguin pretended to borrow for you upon your property, then, as there has been no delivery of the money, there is ground for annulling the contract; the lender may seek redress through the warranty, as you will for your hundred thousand francs. I will answer for the case, however, as much as one can ever answer. No case is won till it is tried."
The opinion of so able a lawyer restored Cesar's courage a little, and he begged Derville to obtain a judgment within a fortnight. The solicitor replied that it might take three months to get such a judgment as would annul the agreement.
"Three months!" cried Birotteau, who needed immediate resources.
"Though we may get the case at once on the docket, we cannot make your adversary keep pace with us. He will employ all the law's delays, and the barristers are seldom ready. Perhaps your opponents will let the case go by default. We can't always get on as we wish," said Derville, smiling.
"In the commercial courts--" began Birotteau.
"Oh!" said the lawyer, "the judges of the commercial courts and the judges of the civil courts are different sorts of judges. You dash through things. At the Palais de Justice we have stricter forms. Forms are the bulwarks of law. How would you like slap-dash judgments, which can't be appealed, and which would make you lose forty thousand francs? Well, your adversary, who sees that sum involved, will defend himself. Delays may be called judicial fortifications."
"You are right," said Birotteau, bidding Derville good-by, and going hurriedly away, with death in his heart.
"They are all right. Money! money! I must have money!" he cried as he went along the streets, talking to himself like other busy men in the turbulent and seething city, which a modern poet has called a vat. When he entered his shop, the clerk who had carried round the bills informed him that the customers had returned the receipts and kept the accounts, as it was so near the first of January.
"Then there is no money to be had anywhere," said the perfumer, aloud.
He bit his lips, for the clerks all raised their heads and looked at him.
Five days went by; five days during which Braschon, Lourdois, Thorein, Grindot, Chaffaroux, and all the other creditors with unpaid bills passed through the chameleon phases that are customary