The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity - From the Year 1785, as Are Still of Practical Utility Volume 30 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...such bill; that the said acceptance was in fact so forged; and that on the said 25th of May, about one o'clock, the plaintiffs gave notice to the defendants and to J. Harris, the indorser, and to Sanderson & Co., that the same was so forged; and that the said payment had been made by them under a mistake, and in ignorance of the acceptance being so forged, and they requested the defendants to repay them the said sum of 198l. 19s.; and on the same day one Thomas Gates, as attorney for the Bankers' Society for Protection against Forgers, and of which society the plaintifis and defendants were members, sent the following letter to C. Heginbotham, the other indorser, and also a like one to J. Harris: " SIR, a bill of exchange, bearing your indorsement for 1981. 19s., drawn by Thomas Dutton, and purporting to be accepted by Sewell and Gross, and indorsed by you to J. Harris, due yesterday, has been refused payment, and is not taken up by ten o'clock to-morrow, legal proceedings will be taken against all parties." The sum of 198l. 19s. was entered by the plaintiffs in the day-book, to the debit of Sewell and Cross, but was not carried into the ledger or further charged to their account; Sanderson & Co. did not draw out of the hands of the defendants any sum of money upon the credit of or in respect of the said bill, and the balance of monies belonging to Sanderson & Co., in the hands of the defendants as their bankers, both before and at and after the several days before mentioned, greatly exceeded the said sum of 1981. 19s. The case was argued and the Couar took time for consideration?..BAYLEY, J. now delivered the judgment of the Counr: This was an action brought by Cocks & Co. bankers in London, to...