English Common Law Reports Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 Excerpt: ...R. Groning and Co. had on former occasions purchased bills, and advised the bankrupt that they were bought for his account, and that there was no evidence of his dissent before his bankruptcy. Gibbs, C. J. This was a question singularly fit for a jury, and one on which they were likely to arrive at a sounder conclusion than the court, because their knowledge of it arises from their daily experience. The question is, whether this was a remittance made in this form by Doorman's own order, or was a remittance by R. Groning and Co. abroad, to the defendant here, out of which he was to retain his advances, and pay over the balance. The expressions in the several letters from R. Groning and Co. are not easily reconcilable; but the question, whether the phrase "when duly honoured" means when they were accepted, or when they were paid, was a question not so much for the consideration of the court as of a jury. The jury have pronounced their judgment; and, on a case involved in much mercantile obscurity, they rjgc have formed the opinion, that the bills were remitted at the risk of R. L Groning and Co., not of Doorman. Under these circumstances, I think there ought to be no new trial; and as to the affidavit now offered, of the former course of dealing, in this stage of the cause it cannot possibly be received. Dallas, J. I am of the same opinion. This was a case peculiarly fit for the jury, and one of them, as I caught the expression, says that the defendant Groning, by his treatment of the bill, had made it his own. There is, therefore, not enough doubt in my mind to make me think it fit to send the cause to a new trial. Park, J. The Solicitor-General argues that the phrase "duly honoured" means accepted; whether it does so or not, has been lef...