The Sun.
London, England, 1813-11-20 00:00:00

PSNTUM V. COCK AND' SON.

In this casei,:n itch wa3 of ConsWerrible im-
portance to the trading interest, a Motion wits
wade to set aside the judgement obtained fun' the
plaintiff, anal. to grant it new trial.
The facts 'of the case were those. It was an action upon
a Bill ,if Eichange, which 'proved to be an accommodation
bill, drawn by at person of the name.of the name of neesom,
on the present defendants, and paid by him, w.th their ac-
ceptance to it, to I,l4intiff. The Bill was mai* payable at the
defendint's bankers, in the Strand, but on beemning.thie, no
provision wa:t made for it, and it Was dishonoured. Plaintiff
m consetpleace, applied to the drawer fur payment, and was-
induced, at his desire, to hold it over for some days. The
drawer, (Imre.% er, ultimately being nnithle to pay, plaintiff
.farotOit his action against the acceptors and recovered.
'lle ground of the present motion for annulling this judg-
ment w,s, a case which hail been decided by Lord IStlenho-
hdroeg, when sitting at Nisi Frills; in the Court of King's
King's:Bench, io which his Lordship held, that in the case of
are iteconinte6ation ttill, the acceptor could by no means be
conkidered.as thatigin,,., places with the drawer, and thereby
beconiing,iespuitsihie fur a bill in which he had no interest.
It was to rtlet. argued, that inasmuch as plaintiff pad thought
proper .to place his reliance on the drawer, and did not chase
,to give the acceptors notice that tt had not. heen 11441, he
could not in' justice elitee upon the tteeeptor for the amount.
Lord Chicf.lusi ice MANSI'I EL:, was by no means disposed to
agree with the doctrine laid by Lard Ellenborough r and al-
though' he win ready to give everypossible credit to the judi‘.
meat of that aod. Learned Loyd, yet in the 'present c uses
tie was hound to disageee.with him. Nothing, in his opinion,
could be so impolitic, or so injudicious to the mercantile in-
terests of tins country, as to lay it down as a siaixini, that in
eases where hills of exchange were circulated 'as matters of
arcohonmlation, the aceeptoe of sni h Bill ,thould not be con-
sidered answer:Ole for its paym,nt. Such a doctrine would
tend to give itahal stabto the credit of the ceentry ; 'in
-fact, no man would be safe in accepting a security of such
dfm:liption. -It was scarcely riecessary for him to say, that in
a eat part of the bill•trarisactions which, were carried on in
Cot, great town, the acceptor was often regarded as the only
security; and the drawer in no _wise con,lidered ; audit' turn
of prOperty chose to lend their names and and their credits,
when, in troth, they were cons_eious they were, not. ansu tre-
ble, the necessary inferenee would hi, where t hit. drawer was
hinizelt uttahle to pay, that they had been instrumental to the
coonniA,titin of a fra.“l„ anti deserved to be considered. him()
tither light. limier ell. theft: ..eirettuistanees, he should cer-
tainly refuse the rule, and eonfiro the jodgmeot already.oh-
tained in favour of, plaintiff. • •
•
Mr..lllStiCe :CoiliCidCd with the Learned Judge in
his opinion, and declured it to• be his firm _conviction that
man who lent his name to a hill, fur the ptirpose of estahli-h''
sing Crittlit,Whiell did 1114 exist, in order to obtain property,
to all intents and kin rposes guilty of a fraud.
Mr. Jostler CITAMB e u;:reett in alie judgment of his two
-Learned Brothers, and the ride was discharged.

At Leeds rair, on Monday, more purchases were
made by the woollen manutactureri than for-seve-
ral years past.
.IJX.TLIAORDIN.ARY CIRCUMSTANCIL-n-Mr. ARAN,
who kept the HorseLshoe Inn, in the Borough,
died on Thursday:last, after n short illness. This
event was cominttnicbteatto his brother, Mr. ARAN.,
of the Clock Cottage, at Wit'worth, (Who lately
kept the Montpelier Gardens) ; he haNtened to
Lis late brother's, and arrived just as the coffin
was carried into the house, and ininiediately coat-
plained of indisposition, was conveyed home, and
died the following morning.
A strange rumour is.afloat at Brighton respect-
log the six men lately lost in the boatoff Rotting-
dean, It is now sand that the vessel which sunk
off' Portland was not a Dane, but one which. Ow
crew had made free with in some port, who were
prisoners of war ; and that the solitary survivor
was neither a Dane por a Prussian, but a French-
Man, and that his- whole story was a fabrication
to deceive, and once more to obtain for him his
liberty. We cannot VOLIC4I for the.aocurztey of this
report.