The Statesman.
London, England, 1809-07-08 00:00:00

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56-1 --Itow far he could gni and
d not do. The Defendant
See 61. or * 13i11 of Exchange.. net
prove the drawing of the hill; he could
the indureenwet of all those whotu nimbi;

, peered on ,ihe Joe of that bill ; be could
the Sitio of the Plaintiff as holder of the l•
the Defendant's acceptance ; and then he
Oat be should recover the amount of it.
t admit that be ;was not able to produce the
F,M. Be could skew a copy of the bill; but by
Isom unaccountable accident the bill was lost. He
toesild prove besides, that the Plaintiff, who was
thg holder of the bill, had offered to the Defen.
dant, Also was the acceptor of it, ample indem.

nity against any claim which might be arcade against
him by any other person by whoa the bill might
have been found, or into whose hands the bill
might come by any accident ; by which the Defen.
slant would have perfect security against being
called epos to pay it over again. But as he coeld
net produm the bill, he was afraid the Defendant

had a right to say in a cowl of law, that he was
not satisfied with any security but that of the
production of the bill itself. A remedy there
certainly Ins against the Defendant in a court of

equity ; for, if a bill was filed against Mm in a
court of equity, stating tho facts of this case,
that tire bill was really and bona fide negotiated ;
that the Defendant was the acceptor of it fur the
consideration of 1001. a court of equity would
refer it .to an officer of its own (the Master) to
eonskler of a proper indemnity to be given to the
Defendant; and upon giving sec" indemnity, the
Court wouisi order the 1) •fendant to pay the mo-
ney. But a court uf law did not possess the same
Means; and, therefore, the only question was,
whether the present case was like that of the loss'
of any deed or other instrument, in which, upon
an indemnity being given, the party would be or-
-tiered to comply with its provisionW Bet the
• question was, whether this, being a negotiable in-
ittepent, and, as such, available in the hands of
any holder, it was to be governed by the same
t•t?
• Lord ELLENBOROT/Gll.---.." If the bill had been
actually destroyed, I should have no difficulty in
receiving evidence of the circumstances which you
state, Air. Attorney ; for it has been held in • a
criminal case, and that of a capital offence, that
parole evidence may be given of an instrument
which was destroyed. There was a case before
Mr. Justice Buller, in which a man was charged
arith the forgery of an instrument, and it being
put 'into his hand, he ewallowed it, ignorantly
supposing that, by destroying the instrument, no
evidence could be given against him ; but Mr.
Justice Buller held otherwise, and received parole
evidence of the instrument which had thus been
.destroyed. The man was afterwards acquitted,'
indeed, but that was upon the merits of the case
—not. upon the want of the production of•the in-
strument • but hare you can nnly prove the instru-
ment to in-
strument;
lost, nut that it is destroyed. And
this is a negotiable initinment, available in the'
hand of any= holder • therefore think that yew
cannot *mope' the ILA:Want Co accept of any in-
j depot' ty.", ,
Mr.Arrontsen-Geveekt..—" This is not like
the case tic:* less of an instrument which is sot
;nigutiable, .tlie loss of Which is nothing to any
but thepereon to whom it is given; but here tho
:instrument being negotiable, may be enforced in
tise4ands. of any person who may happen to be'
idle holder ; and I am afraid that the Defendant,
if he chooses it, may4say that he is not satisfied
;with ally indemnity short of the bill itself. • But
it is the duty of the Defendant to pay this bill, on
receiving ample security." Fur the prnptiety of j
•:lhikObservation, he quote/ the authority of a test
iwrltehmen that subject ; bat he did hut pretend
,tO'shite the case in a manner which might give to
it the appearance of strength, which, in reality,
it did nut possess.
Lord Eettuoaouen said, he wished to favour
104 h a case as this for the Plaintiff ; and he

:could not help recommending to the Defendant to
give up the contest, to save expellee, since there
was little doubt that a Court of Equity would
r the Defendant to pay the amount of this
4 upon receiving a proper indemnity against
any future claims; but be did lot see bow he
could compel bins to do so in a Coatt of Law,
in which he had a.tight to say—" L will take no
'indemnity but the production and delivery to me
of the bill itself;" and therefore, with all the re-
luctance a hick he felt upon it, his Lordship said
he must tionsuit the Plaintiff.—Nouluited accord.
in
All' he other caws of tAkiky were quite unin-
teresting.

16 .
COURT F C•)atstON PLEAS,
friday, J sly 7.
!ROWELL in CIIAMPIGNIr. •
This was an a 041.14 to muter 241. Cut groceries
purchased by the Defendant of the Plaintiff; the
account also inc•luided a small sum fur groceries
purchased by a lady of the name of Roberts, re.
commended to the Plaintiff by the Defendant, and
which the Defendant refused to pay ; in cause.
quessee of which the present action was brought
fur the whole amount of the bill.
Verdict for the Plaintiff, deducting the amount
of goods purchased by Mrs. Roberts.
CLAiiitsoN fl. ',ADD.

I. .

This was an action of tro‘ jlsrought by the
who is oue of the aselpees of a bank-
rupt, named Underhill, to recover 3tl. 2s. the
of goods deposited in the hoods of the Ik.
fttinilant by the said .hankrupt, previous to his
flitihis certifilate, and which the Defendant
r to give up, allcdging as a reason, that
Nederbill was in debt to him to the amount of
dla value of the goods in his possession.
I, Mr. gerjcant BUT contended, that the Defend-
jitt to this ease could have no plea whatever for
eitaintug the goods in question, as they had
neeer'been depoilited in his bends fur the pur-
pose he endeavoured to assign ; and, as Underhill
had become a bankrupt, his property, however
siteatedf necessarily became the property of ISIS
cream,' and his assignees view, of "COnrSe,
titled tiPTool),tet tti for thairitetteral benefit. .1:
. Verdict fur the Plaintiff Damages 1510
Costs .40s.

Mom

al" that
a tea* bah,
rt tbe courch is
tie sartoinding

,any Disitr.
At moire
parties-
_ Ulcerous Piaci,.
..suss& was .n Gentlesnen of the
telly ; 11111 so* they WO mod stitositiorod the CIL Y 1.41 - E
ODIC. as tot osiytie iasst elegant and agreeable Dentifrice
for the Teeth beautifully white, but the only certain
remedy ter Disorders of the Month. linesedsatety itp•ii.
applitratioo it will cum the owl corminting Tinith-at liy.
Gain Biles, swelled Yule, Ice. in a few day- it will mild."
wadicat.• the Scurvy is the GUM,, malie them firin no I iiral.;-
id, purify decayed Teeth, pretent them -coming worse., L.A.
such a may be louse, and rend:r the Breath delicately
Sweet.
thosessibject to Sera, or Cleras in the Cheeks, Gem.,
Tongue, nr Lips, it is particularly recommended.
If a Tooth Nis decayed. or the Mouth is a had slate, fet tbe
Proprietor leak at It (he requires no fee). then if toe
roil at be directs, all Di-orders lneitlentto Mn tit w,ti
be completely cured and prevented ; Alosticatiou
restored t the Deeeisary Nutriment fur exigence be relished
with a true Savour ; the Valetudinarian pia ci in a date of
donvaleseence WO health, the grrateg of all su .miry o.i
sloes insured sod cuelinurd. A single etrperiineet will prnye
the truth of the foregoing statement; and it bet fair to
that the petsoo owe wade sensible of Its worth will never Mt
ithout
The CEYLON DENTIFRICE, for which so Muth
enquiry us wade, in coaorqsence of the S.do bring reasoted
from Sdhis-squrre, may be hid at Thorn's, 4., Os
street t lenient's, 15, Strand ; ant of the Proprietor, No I. •
Temple-place, Blackfriar's Road, near the Circus. Price
Is. 9d.

tit admit MARRIED, •
t was the tradatility, at Cheit 14,0, biretobert
rk • coad tbtri zos aims taelilliss Jean, ran, a
Id preys We mein Illette IMtardelotnatt rerialrollosie led`
tin& ip.
lid profs
bill, and , rNB MOUTH is subject to III;
c trusted
ia4 dent( tbelaust utipleikitat naierc hat
But euud I)1
he 111 O• 1 1414111:7 JN
10 mare 7.idraT"lt Art"(
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