Star.
London, England, 1802-07-22 00:00:00

Ile cam. to their houfe about feven in the even-,
ing ; Mr. Blak.: was not then at home. He told
the wi-nefs, th tt he was the Mr. Dallone who had
lent t:it-rn the or ler from Bath, and asked if it
ii tsly ? lie told him that the greatell part of
it was executed, bit that it had not all palled the
i ;all. He then allied if it could he completed the
dsy ? The wit nefs told him it could, and ap-
pointed the next day. at two, for him to meet Mr.
Dlake. il. accordis gly came the next day, at
an.l ftw Mr. Blake. He defircd the goods
ringlit he packed fir the evening. He had some
con' erfazion with Mr. B. about the put--
ch., .0 of I m: watches, which lay in the thew-Oafs,
which at Lill he took, under an agreement, that
upon examination, he difliked them, he was to re-
turn them, and have other goods in lieu. About
half p tit !even he came again, and the witnefs
nude his siccount nut. Mr. DaUune at this time
xvas in Cie pat jour, taking fome refreflment.—
When 11,.: prefeuted the accaunt, he faid to Mr.
Blake, " sir, I mutt trouble you with a bill."—
Mr. Blake Lid, " No, Sir, I can take no paper
but Bank palm." Mr. D. replied, " Sir, I meant
out •r," and then produced the ioool. note.—
Biak,! looked at it, and obferved that it was
a v y old one, to which Mr. Dallone replied yes,
and had my old uncle lived, it would have been
older, t r I never thould have had it if he could
'have carried it with him. Blake ;tilted the witnefs if
he do•uglit he might lately take it ? He repred
yes, for he never kncw a wool. note forged. This
was not in the hearing of Dallonc. The change
was then given him, which the witnefs fpecified ;
amt.ng it was a draft, given by General Hulfe for
Poor Rate,, the Plaintiff being an Overfeer °lbis
Parini, and 3001. Bank of England notes, with
tidier drafts, amounting in the whole to 4501. tos.
The goons being packed up in five packages, were
put in a hackney coach, which waited at the end
of the court, and he drove away. He went the
net: day to the Bank with the note, where it was
flopped.
The witnefs, upon crofs-examination, did not
vary this teltiniony in any material degree ; lie
added that Dallone had faid that he was at the
Saracen's Head Inn. _ _

Clayti.n, Clerk to Cowrie,the (liver refiner,
prone) th it Blake dealt with them for flyer, and
that between the 14th and lsth of April he had
9c.ci ounces frrm them, which was an enufual large
qiiaut;ty fir him.
A Inn I the Plaintiff, and Wm. Bigg and Chrif-
tnpher PL pper, his two apprentices, gave the fame
account of the tranfaitions of the evening, when
the pretended Dallnne came to fetch away the
goods, Biggs raid, he ttond by the coach to watch
it, and it was No. i. he informed his mailer of the
number.

There being fume it.fi :nation that during a jour-
ney to the Welt of England the Plaintiff had
filmed an intimacy with this (windier, the Clerk
of the parith of St. Martin's,and one of the Church
wardens, were called, who Hated that they had
been alony with him to Bridgewater upon fame
Farah braid's, and that he was never a quarter
of an hour out of their fight.
A Clerk from I)rummond's Banking hnufe
prr.ved that he paid General Halre's check to a
;serf It who indorfed his niiirale Dall. This being
the raie on the part of the Plaintiff,
Mr. ERSKINF• for the Defendants, Rated that
the Bank of England was but nominally the party
to this a4tion, that they had paid the money long
ag• under an indemnity, and that therefore the
real parties were the Plaintiff, and thrrle perfons
Rho had granted that indernhity. The Learned
Connie! then at great leegth commented on the
imps .per condua of the Plaintiff in ta:.ing a note
of inch value Ira m a perfon hz did not know, and
v.;:hotit any enquiry. He contended that this
consluirt was fit pregnant with fufpicion, that it
contaminated the trantae.tion, and was enough for
the jut y to infer that he took the nose knowing the
othe: had c: me fai.ly by :t.
Mr. Kay; the S,ticitor of the Bank, was called,
who (Wed what paired between him and the
Plaintiff upon the note being flopped. He ad•
vifed him to go to nov•-fircet, and take other ileps
deten 0 c pea fon who had 1::.::d it upon him.
Wake, rit,er a,r a'. de..: • f conver .n, and two
or o.ree intet views, fard 111.41 put lomiell
n exper.ce about it, but lock :o the Bank. He
a .!..!0.1. that if the ltai.k did n t pay him, no man
won:el il.tc in taking a Bank Note. Blake had
nvver old him that Dallow quartered at the Sa-
racen's Bead, or that the hackney coach was num-
bered t

Mr. Abral,llll K.wland Rated, that he had been
enTli.yed in the Bank of England 5¢ years.—
Notes for rc0.:,1. eight or nine years old are very
unfr,:qtrentl) in eiretilation,althrnigh he has known
feveral inliances of this ; lie recoll.Ets a fmall note
corning is 7o years old. Every note above a
twelvan bcf"re it is paid patres through
the a7ceorrotant's (Ace. _ _

A Clerk in the Bar:k proved, that the Note
in ytellion was paid for a Draft of Nowlin, the
L.lnktopt's, on the 14th of April, 1793, for
The Gazette was alto prAduced, in which a
rewatd w;ts r fFtred by Nowl.tn's Affignees for the
rec'vcry of this note, and ethers which he had
Rated to 'h•!m to have Ina, with his pocket book,
on the road to Cheller.

Thee or four wiinelres were alto called, who
were prefeiit at the IlaintitPs interviews with Mr.
Kay, to prove that Mr. Kay had been millaken in
forth: parts of evidence, but it was nothing
The ri.tiot:ff had Aro hcen examined before
lan'. C,,mmillinners, and his examinntion was
v.. id, Loa it did not mate. i. lly vary from the pre-
fent cafe ; the ot lv rf any note was, he had
there dated he did nix kai.w do number of the
it.tckney coach a hich t0,.4. away Dallom, till About
ten dec helt.: .rt amin.ition„

Mr. i'nrata h.rving replitA 1,4 the Plaintiff,
Oiler vcd, there was no
difficult wicilion t.I 14%i, in thi, cafe; for it was
ve•y plAti, if a nhin .1.-aT into poireflion of any
tl;ry ,;;111.7,41*%, 11-...,411,1 acquire no property by
r 1 • r

• '
•

holder, neither could he acquire a property by a
transfer of it to himfelf. It a man alto had fair
and reafonable grounds of fufpicion, by the Ilium
c:grea of common umiertlanding, applying them-
I'elves to fuch an examination, and yet with filch
probable grounds of fufpicion chofi• to take a
thing, the lofsimurt fall upon himfelf. The only
queition the-efore they had to try was, Whether
from all the ci rcum fiances of the cafe before them,
they would fay that the Plaintiff took the note in
question, knowing it, or with reafonable grounds
for knowing it not to have been lionellly acquired
by Inc pertim who paid it to him ? Has ing laid
down the law with great precision, he proceeded
to fum up the evidence. Almoft all his obferva-
tions were flrongly in favour of the Defendants,
and he feonesi to he decidedly of opinion, that
though the Plaintiff had not had any previous ac-
quaintance with Dallow, and had taken the order
honettly enough, yet that he mull have been
aware, from a great variety of circumtlances, that
Dallow was not the legal holder of the note, and
that from his com'cioufnefs of this, he was afraid
to make any enquiries.
The Jury, however, almoft without turning
round, found a verdiEt for the Plaintiff—Damages
r 0001.

JULY 17.
DIMSDALE AND OTHEP.S V. LANCHLSTER.

This was an aEtion for money had and received
by the Defendant tOr the Plaintiffs' ufe.
Mr. Glass laid, that the Plaintiffs are Bankers
in this town, and the Defendant, Mrs. Lambelier,
was a perfon in trade in this metropolis alio. The
facts of the cafe were fitfully as follow :
A Prorniffory Note, drawn by the Defendant,
came to the hands of the Plaintiffs, as bankers,
for the fum of 541. t6s. which was noted for non.
payment, and upon which there therefore at-
tached a fuuher film of as. 6d. It was noted by
a Notary Public of the name of Adamthwaite,
nho fent his Clerk afterwards with the Promilfory
Note to demand payment ; this Gentleman's name
was Bannifter. He received the whole of the mo.
ney for the note, together with the coils of noting.
He immediately marked all the notes in which
this payment was made, and then delivered them
over, the fame day, to his mailer, Mr. Adam.
thwaite, who marked them alfo. They were
then all paid in at the bankers'. On the follow-
ing day it was difcnvered that one of the Bank
Notes, thus received of the Defendant by Mr.
Bannifter, purporting to be a id. Bank Note,
was a forgery. There was no imputation what-
ever on the Defendant, that fhe knew it to be a
forgery, but it turned out that it was a forged
note. Application was made to the Defendant
for the payment of this t 01. in lieu of this forged
note, but flue refufed, and therefore this action
was brought to recover the value of it, There
would be no quellion upon the note being a forged
n'•te, for the Clerk of the Bank would put that
blond difpnte immediately. The (Ingle queftion
would be, "-Whether this was the fame note or
not, which Bannifter received of the Defendant
in payment ?" He fhould prove it was, and then
the Plaintiffs would be entitled to a verelia.

Mr. Bailin'ler, Clerk to Mr. Adamthwaite, the
Notary Public, find, he went to demand payment
of a note for 541. 16s. and 2s. 6d. for the noting,
nn the z 2th of March ha. He received one 201.
bank note, three tol. bank notes, one 21. bank note,
and two 11. bank notes, half-a-guinea, and flyer to
the amount of Ills. 6d. He marked all thole notes,
and delivered them over to Mr. Adamthwaite, the
tante evening, when he got home. He waa quite
fore the notes he delivered to Mr. Adamthwaite
were the fame that he received of the Defendant :
he received it of a Lady, on her behalf, and in her
pretence, who appeared to be her filter. He was
abfnlutely potitive, that not one of the notes was
changed ; he had no other money, nor did he re-
ceive any other money that day.
Lord ELLiNII(MOUGH laid, the Plaintiffs ma
connedt this tom of money received of the Defen-
dant, with lonic Col.nt in the Declaration.

It was then in oved,that this money was received
of the Defendant on account of a Ptc.milfory Note
drawn by the Defendant on a Mr. Savage, and
payable at fi,ur months, and held by the Plaintiffs.
Mr. Adamthwaite proved that he received the
notes, defci ibcd by his Clerk, Bannißer, on the
I 2th of March lad. He was lure that he notes
were the fame he had received of his Clerk, for he
happened not to have received any other that day.
He wrote up. .11 every one of the notes the name of
Lancheficr, and that immediately on receiving
them. He then looked at the note in queftion,
which was alledged to be the forged one, and he
faid, that it was certainly one of the notes he re•
ceived fiom his Clerk,his hand-writing being on it.
The Clerk proved it was the note he received of
the Defendant, and paid to Mr. Adamthwaite on
the tsth of March. Mr. Adamthwaite (aid, he
paid it into the houfe of Baron Dimfdale and Co.
whole property the whole was, and that on the
following day, it was difcovered to be a forgery.
Mr. Baxter, a Clerk at the Bank, proved the
tol. note in queftion to be a forgery. It was made
neither of the Bank Paper, of the Bank Engraving,
nor was it of the fignature of any Bank Clerk.
- Mr. Easßtws took an objeaion to this form of
the aftion,being fur money had and received—the
demand upon the Defendant was upon a note drawn
by her on a gentleman of the name of Savage pay-
able at four months,and which he did not pay,and
therefore the Defendant was of comic liable for it
to the Plaintiffs, who were the holders of it for a
valuable eonlideration. When thisnote became due
they call for payment; now fuppofe no part of this
note was paid at all,the Plaintiffs mull have declar-
ed on this Promil‘sry Note. Suppole this demand
had been for goods fold and delivered, and the
Defendant had paid in bad paper, and this Note
had beer. given for it, the Afti.in could not be for
money had and received for the Plaintiff's ufe, it
mull be on the Note. It could not he money had
and received by Mrs. Lancheller in this Cafe, for
fhe bad not received any money in this Cafe—
money had and received it never could be, unle(s
it appeared that the Defendant had received money,
which ought to he in the pocket of the Plaintiffs—
,