The Sun.
London, England, 1838-12-24 00:00:00

QUEEN'S BENClL—('l'llis DAY.)

IMPORTANT TO BANKFRS.—HOPPE V. COCKS AND CO.
Sir F. POLLOCK, with whom was Mr. WIGHTMAN,
stated the case. The action was one of rather a novel
description, brought by the plaintiff, a merchant carrying on
business in London, against Messrs. Cocks,. Biddulph and
Co., the bankers, of Charine,cross, to recover the amount
of a bank post bill for 601., left with the defendants for ac-
.ceptance. The Learned Counsel then proceeded at some
length to detail the circumstances connected with the
transaction as they subsequently appeared in evidence.
Joseph Meek—l am a commercial traveller, and in
the beginning of April last I was at Ross, in Hereford-
shire, doing business for the plaintiff. On the 6th of
April I sent the plaintiff a bank post bill drawn by
Bromwich and Co., bankers there, upon the defendants, at
seven days' sight, for 601.
George Thompson--I have been in the plaintiff's em-
ployment for four or five years. He keeps his cash in
the Bank of England. On the 12th of April I took a
bank post bill for 601. to the Bank. The clerk at the bill
office told me it must go to Cocks and Co., for acceptance.
I told Mr. Hoppe, and he gave it in my presence to John
Moore. He told Moore to take it to Cocks and Co., Char-
ing-cross, and leave it for acceptance. Mr. Hoppe is a
boot and shoe-maker, and Moore is a shopman of his.
John Moore—l hare been four or five years in
employment. I went to Cocks and Co. on the
12th of April with a bank post bill for 601., No. 696.
Mr. Hoppe's name was on it. I gave it to a clerk on
the right hand side of the office, and he returned it after
looking at it on both sides, and told me to put it into
a box on the left hand of the door. I did so, and saw it
drop down. I went to the clerk then, and asked when
I should call for it. He said, Call to-morrow, I mean
Saturday, for to-morrow will be Good Friday." I called
on the following Tuesday with a slip of paper from Mr.
Hoppe, describing the bill. I took it to the same clerk,
whose name is Green. He told me to apply on the other
side of the office. I did so, and they said they
could not find it. They told me to bring the par-
ticulars. Mr. Hoppe gave me the letter of Meek,
which contained the particulars of the bill. They asked
me who told me to hare it ; and I said Mr. Green, and
pointed him out. Green told me they must have it, and
desired them to look again. He also went and looked him-
self. I did not get the bill. I have taken bills to other
bankers before, for a former employer. I never was at
Cocks and Co.'s before. I told the clerks on the Tues-
day, when I called for the bill, that I bad put it into Mr.
Green's hands. I saw the amount, and number of the bill,
and also Bromwich and Co.'s name on it when I left it on
the 12th April. The bill-box is over the counter,
and if it had not dropped down into the box, it would have
fallen on the counter. Mr. Pearce, Mr. Hoppe's foreman,
went with me on the following day, Wednesday, to the de-
fendants.
William Pearce—l have been for some years in plain-
tiff's employment. He is in a large way of business. I
went on Wednesday, 18th April, to the defendant's, and
took a letter from Mr. Hoppe. When I brought the
letter they asked me when the bill had been left, and they
said it could not he found.
Mr. Serjeant ANDREWS addressed the Jury for the defen-
dants. They had thought it right to defend the action, be-
cause they were satisfied that the bill had never come into
their possession at all. It was quite impossible if
the bill had been put into the acceptance box,
that it would not have been forthcoming the following day.
'rho Learned Counsel then described the course adopted
by the bank with respect to bills left for acceptance. He
would produce to them the clerk whose duty it was to exa-
mine these bills, and his book, in which they were entered,
would also be laid before the Jury, and he would satisfy
them that no such bill had been left there. The defendants
were ready to do everything that was fair, for they offered
to pay the 601. to Mr. Hoppe if he would give them an
indemnity. The Learned Counsel concluded an able and
ingenious speech by calling the following witnesses :
John Pybus--I am a clerk in the defendant's banking-
house. It is my duty to remove the bills left each day for
acceptance.—(Witness described the acceptance-box and
the manner in which these bills are disposed of by the bank.)
I have been two years at Messrs. Cocks. I never was
in a banking-house before. It is my duty to collect all the
bills each evening, and put them into another box, which is
left each night in the strongroom. When Igo to the accept-
ance box in the evening, to take out the bills, I find the
drawer unlocked. I make no list of the bills, nor do I
count them when I take them out.
Lord DENMAN—Pray, how old are you, Sir ?—I am
nineteen.

Charles Sugars—l am clerk to the defendants, I have
been twenty-eight years in their employment, and go to the
office at nine, or shortly after it, in the morning, and my
first business is to enter the bills left for acceptance
the previous day. On the 14th of. April, I entered' all
I found in the box, but no bill of the description
alluded to is entered. The entering-book is not dated day
after day ; it is merely a general entry of all bills.' The
date of presentation would be entered in the ledger. 1
cannot show the entry of any bill on the 14th April. The
ledger would show that, but it is not here. The Messrs.
Bromwich advise once or twice a week with respect to bills.
.By a Juror—There was advice of this particular bill.
If the bill was not presented till the 12th, the banking
house would have previously had notice of the bill. Mr.
Herbert keeps Browich's account; he is not here. If :the
bill had been left in that drawer I should have entered it.
By a Juror-.—l have no recollection of a bill having been
lost on any former occasion.

John Green—l have been four years in the defendant's
employment as clerk. I am frequently asked where bills
are to be left for acceptance. It is no part of my duty to
look at them, but I may have some times done so by
chance. A man, on the Tuesday morning, pointed me
out as the person who told him where to put the hill, which
was quite correct, as I did show some person the box on
the 12th.

By the COURT—I have no recollection whether the man
said, at the time, that I had looked at the bill.
William Hare, cashier--I never saw the bill in question.
I have no recollection of a bill having been lost. I accom-
pany one of the partners every morning to the strong. room,
to take out the hills, Bank notes, &c. I cannot say whether
I have accepted the bill in question or not. I cannot tell
from the number of hills laid before me. It depends upon
the accuracy of others, but I have no check whatever, as to
the number of bills lam to accept. If the regular mark
was made upon the bill by any clerk whose writing I knew,
I would at once accept it. Any person calling for the
bill, and describing it a bill for 601., No. 696, would, I
have no doubt, receive it.
H. W. Herbert—l am clerk in the defendant's banking
house. I have the ledger in which bills are next day entered
when left for acceptance. There is no entry on the 14th
April of the bill in question. I made the entries from the
bills, which were brought me on that day by Mr. Sugars.
When the bills are entered I take them to Mr. Hare for
acceptance.

H. A. Rayamnd, attorney for the defendant.— I wrote
to the plaintiff tendering 60/. on receiving a full indemnity.
Sir F. PoLLocx replied, but was interrupted by the jury,
who returned a verdict for the plaintiff, damages 601.