Star.
London, England, 1801-07-17 00:00:00

LAW INTELLIGENCE. ..

COURT OF KING'S BENCH, JULY i 6.

LAWSON, .111,41tT. .AND OTSSLS, wssrom AND

OTHIIS.

Borne parts of thiscafeare tif the very laft.im-
portance to the public.
The leading Counfel for the Plaintiffs fitted that
the Plaintiffs in this cafe were perfims of the high:
eft refpenability and honour confiituting the Rich-
mond Ban* in Yorkfhire, and 7 brought this anion
againft the Defendants, ;eery refpenable perfons
likewife, and contlituting the Firm of the South-
wark Bank. The defence of this anion was no re-
Belgian an the peiendants, inatinuch as they were
neerelynomittalDefendants, and were itultinnifiesl'
hy the perfon anually interefted. In Welbelpfier—
hall, in. Guildhall, and in the Cityof London, kwss
fancied, the quellion ilutt was now to be railed, had
been at reft since 1764, When the cafe of Grant
and Vaughan Was decided,and is reported ip 3 Bur:.
This is preoifely the faint cafe, without the poi,-
bility of being able to diflingnifh it. It wee as
anion brought on.a Bill of Exchange for pal- BY
the Plaintiffs, as Ifidorfees, againft the Defendants
as acceptors. It would be lanacntalile in *eft
times, as it bad been jtsaly. obferved b /Ask rya-
thbrity, *then we eat and dtink paper,:
~
~ ita we
on paper, if* Plaintiffs. ere not °'.A - OP
cafe to recover. This Bill :was- drat,* 17 ok
at fifty days, on the Defendanti who at - , At 4
favour of a Thomas Stokes, who indo .. a.
William Spiess, who bid the bill fiolen kits • im.
It then paled lbw the hands of a perfta who
defcribed himfelf as J. Warren; who to in-
,
per in the ordinary way, to the !hop of the P.,
tiffs, in Richmond, and jdefired to have..,t
counted. The confidential agent of tbe
knowing Mr. Val), perfenly dal, vrliA.fivetl e
neighbourhood, and be 2101 in :Owing t., '
lxillt7 of the Defendants. the Acceptors, and fe4:.
big the Bill perfeftlftsgularly. in¢Otiet/,' '44! p
beate to difcount it. He *as pcneftil asitruthc4
faat
the ,Perfons who brought this 5t.7.. , 2 lAA jhk
.. -1
Acceptors muft be in a condition to I , "they had
paid a full and valuable eonfide ration of It: The
cafe of Grant sad Vaughan was &ft decideOtgainfl
It r that - if .'4',lth aecide/
_,,

him. .c was fall in secafe, . it. ____ Jed
in favour of-the Plitindt a ppfort whiff iiilfeed or
Role a Bill might bring an tallow upon It. 14 No,
(raid Lord Ma'am dui) becaufe the. perfott' who
brought the aftion abort thew that it came to him
fairly, and that he paid a full and valuable
omfideration for it. He thould prove that the pre-
fent Pl.,irt iffs paid a full confideration for it, and
dlrcoented hank as the Bank of England, or any
LW • e Bank vrocildbave d, ,rtc. He Paid he ought
make an apology 'to his Lordlhip and die
anal of the jury for having wafted a minute
of their time in hating It. The Bill was dated
March 30, iSo t' and drewn in faarour. ofMr. Stokes,
and indorfed by hits soThornas Splers, front whom
this Bill had been Rokn. Lord MANETtILD is
the cafe of Grant and Vaughan, Paid, if one of
two perfons had been guilty of negligence, and
the qualm was, which of them Arnold bear the
lord? the *Wirer was clear, he who had been guilty
of negligence. Mr. Spiel's, the holder of this
Bill, ought not to have indotfed it tillbe had been
ern to pay it away. If.be had kept it unindarfed
is his pofferion it would have been perfattly fare.
The Bill was here re-ad. It was dared March 30,
ificat. “ Fifty days after date, pay to the alder of
Mr. Thomas Stokes fool. YAW received, William
Vary." Accepted by the Defendants mad ladarfal,
Thomas Stokes, William Spieni, mat I. Warren.
The band-writing of the parties was asbnittesh
This was the Plaintiffs' cafe.
Mr. ATTORNEY GENERAL, for the Defendants,
Paid; they had eat proved they had paid value f a it.
Lord KILOTON (aid, it was a very good trims
facie cafe.
The Leading Counfel for the Defendant Paid,
;he did not rife to difpute any of the general propo-
idols laid down by his Learned Friend. It was
not his cafe to cornea them. He admitted that a
Bill of Exchange drawn, indorfed, and accepted,
night be negoctated, and that any holder of huh
a 818, km ~)W for a valuablvcoafideratiots,might
maintain an adios upon it, although, in the coatfel
of its coming to him it might be enquired by fraud,
or even by theft. which was eitablithed its the cafe
of Mar and Ater. But, he contended here, that
unlefs a Bill of Exchange cams in the fair and or-
dinary courfe of trade—whit- it came without
circtunllances that indicated any faftricion—dsc
holder was not entitled to recoves Thits Bill was
offered to be difeounted at the Richmond Batik. 1
seder linguist circa:ll62mm. After it lad been
accepted iti London, at a conliderabls dißaate of
time after it was drawn and accepted, anti within
three weeks of its becoming due. it was professed
at the Richmond Bank ;anti that impofadaa *in
that degree of attention, and that duty-which was
Deceffary to amid itapofition it and which deity
was exercifed by other palms when a.B lof fo
large an .41:11011nt was. preletued by e, man 'dill was
a total Arms fen The Ri,lonoacl Bank chara.
dilcatnit it, Dieing a 501. tar (malt notes
sawn, earl a for thebther asol. payable tat
their Agents in London. blow, it had been de,
sided that fuck Bat of E.xchinp moil snag to
have been taken fairly and leasaide in the cearfeaf
Eilltit, and pith the grcatett caution and peattleace.
That was a duty which every man. in nogociaitiog
'ills of Exchange had a rtgla to esp.Jk as the
hands of another. Did there not odd in this cafe
amt.! tiro um Ilances to impofe the duty of enquiry?
He would thew by witneffes, that it was an ex-
tretnelv cmufnal thing; and he did not believe they
could thew a tingle enhance of a Bill of the mag-
nitude of snal. having been accepted in London,
and in sbrlegular courfe oh circulation, gettiag
back again toltoriditire, ancithen difenttated with-
out a tingle sptedion being afted. If dick. things
were to be 7611 r—if one man did not lend another
the aditianea of his prudence and caution—impo-
sitions of this fart would he endlefs. It was ad
vertifed feveral times in three or four of the Lot:-
.ton Papers. in the molt extenfive circulation, the:
(pch a Bill was miffusg„ and defiring the perfons
Sow oitofs imooloiomytiomoo to liop it. This