The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-11 00:00:00

COURT OF COMMON PLEAS, FRIDAY. FM 10.

SNOW AND CO. t. PEACOCK AND CO.
This cause was un action of tenser to recover five hundred pounds,
the value of a Bonk of England note which had been loq by the
plaintiffs' porter, who said he had been robbed of it on his way front
the Bank of England to his employers' bank. It appeared on the
trial that the note was subsequently taken to the defendants' bank,
at Bourne, in Lincolnshire, by a person who said bis name was
Edwards, and that one of the defendants' clerks gave in exchange
for it notes of the country bank. The Jury found a verdict for the
plaintiffs, but fully acquitted the defendants of any fraudulent par-
ticipation. . _

ale. Sergeant Wrenn moved on a previous day for a rule to
show cause why the verdict should not be set aside and a new trial
granted, on the ground that it was necessary there should have
been a culpable neglect on the part of his clients to render them
liable. This had not been proved, and he contended it was only
requisite they should be bona Jde holacts to be enabled to retain
possession.
Mr. Sergeant Vain:DAN showed cause against the rule, and con-
tended that the transaction was not bona fides but male fides. the
defendant not having exercised a due caution in the receipt of
the note.

Mr. Sergeant I:IO4ANCIVET followed on the same side.
Mr. Sergeant 'Pamir and lilt. Sergeant So-trate argued in
support of the rule.
Tha LORD Cettr JUSTTCE said this was a question of con.
siderable importance, inasmuch as it involved to a considerable ex.
tent the interests of commerce. His I.ordship was anxious on this
ground to avoid any thing which might operate as a check to the
circulating medium ; but it was tlie'duty of the Court not to open
the doors to fraud by giving countenance to such transactions.
None had suffered mom by the ease with which stolen notes were
put into circulation than the country bankers, and it would be a
furtherance of their interests more particularly if a due caution were
exercised. Paper-money was originally the creature of commerce,
its use had latterly become more extensive—it might now be termed
the creature of general eonvenience. Though it was no longer con.
fined to commercial purposes, the rules to which it was originally
subjected must *till apply. The commercial world had laws of its
own—laws of custom ; and one of these laws was, the exercise of s
due caution in the rexipt of paper money. The question was not
here whether the note was takes in bon•s.fidrs or twain jidcs. No
imputation of fraud could be thrown upon the gentlemen who were
the defendants ; but It was another thing when the Court had to
decide as to whether the due and customary care had been exercised
or. not. The Jury had decided that the note was bowel fide re-
ceived, and acquitted the defendants of any thing like fraud ; but
they had also decided that it was ma!a fide received, at least they
had sa decided as far as the absence of due caution could be
supposed to constitute mate fides. The clerk of the defendants who
received the note, proved that though he had been in the banking_
house eleven years, he did not recollect during that time having
ever before received from A stranger a note of ao large amount as
either a five, four, three, or even two hundred pounds ; and this
witness added, that notes of five hundred pounds only circulated
amongst bankers. It was the absence of caution under these err-
' comstanees that Induced the Jury, and very properly, to find a ver-
dict for the plaintiffs.
Rule discharged.