Star.
London, England, 1827-06-11 00:00:00

11.1:CAS V. DOWN.

This was an action on a bill of exchange for 61. 10,.
dated 10th September, 1825, drawn by the father of
the plaintiff, accepted by the defendant, and endorsed
to the plaintiff.
Mr. KELLY called Thomas Gibbon, who proved the
band-writing of the parties.
Mr. CARRINGTON for the defendant. The plaintiff
took the bill from his father when it was overdue and
dishonoured, which makes the bill no better in his hands
than in the hands of the original drawer, Lucas senior,
who gave no consideration for it. A Mr. Dawkins -had
two pigs, which were sold at a public house to the elder
Lucas, who aft rwards sold them for 71. to Mr. Newin,
who paid lOs. earnest, and afterwaids paid the re-
mainder, 61. 101. but Mr. Lucas and the other parties
thought it best to arrange a party to Barnet fair,.where
they all went, and in that expedition the money was
spent. Mr. Lucas was in great dtead of his wile, who
suspected that he had been at the fair, and he procured
the delendant to accept the bill, to enable him to deceive
her, and conceal from her the frolic of the fair.
Richard Townley—l was present when the bill was
accepted ; no money passed. Old Mr. Lucas said, " We
have all been to Barnet Fair, I can't go home ; I ami
afraid of my wife; I have spent my money; you must
give me a bill that I may ease her mind at home." The
bill was, at Lucas's desire, dated four days back, and
was given about a week after Barnet fair. The pigs
were sold on the Sunday before the fair.
Cross examined—l was vresent when the pigs were
slid to Newin. He paid 10s. deposit on 71. and the re•
m iinder was to be paid the next morning. I have not
heard from the defendant that the 61. 10E. was paid to
him. They all went in a coach together to Barnet fair.
Lucas the elder, Gibbon, the defendant, himself (the
w•itnes,), and a man named Halls.
Philip Dawkins—l was owner of the pigs. The bill
was in my hands when it became due. 1 received it
from old Mr. Lucas. It was dishonoured, and I re-
turned it to him.
Mr. KELLY, for the plaintiff, called Mr. Gibbon, who
was present when the pigs were sold to Newin. The next
morning Newin fetched them away, and paid the 6/.los.
to the defendant, and.old Lucas did not get a farthing of
the money. Lucas asked the defendant for the money,
who's:aid he could not pay it, but he would give a bill

for it, and Ile gave the present bill. I was of the party
to Barnet fair, but old Lucas'clid not go.
Cross-examined—Nothing was said about the wife•a f
Mi. Lucas being out of temper and angry with him, nor I
about the bill given to deceive her.
Mr. New in—l purchased the pigs, and paid the
W. 10s. to the defendant. . . .

Mr. Lucas, sen.—The bill was accepted by the de-1
fendant for the 61. 10.. which be had received. I did
not go to Barnet Fair, or participate in the spending of
one farthing of the money, nor was one farthing of it
paid with my permission. When I asked the defendant
for the money, he said he bad no money, and I said
give me a bill.
Lord Tairrsanzir—Will you observe upon this, Mt.
Carrington 2
Mre CAaaINOTON—I am in your Lordship's hands.
Lord TiNTIRDZX—Then I think you are beat.
Verdict for the plaintiff—Damages 71.

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