The Statesman.
London, England, 1809-11-25 00:00:00

COURT OF'eti.wriON PLEAS.
Frailty, Nov. lin

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sITTINCIC AT NISI rams, BEICJIIE SI IL .1 %NM MANS.
NICLD, AT GUILDHALL, 1.0 IDON.
.24LA I. V. 1)1.:Ei%
This was an action brought he the Plaintiff to
recover the amount of a Bill of Exchange accept.
ed by the Defendant.
Mr. Serjeant Su Ern sun, for the Defendant, ob.
served, that it seemed to be an accepted notion
amongst the Gentlemen at the Bar, that if an ac-
tion was brought OR a Bill of Exchange, the na-
tural result necessarily must he, that the case
wuuld remain undefended, and the Plaintiff gain
his cause without further trouble. Ile confessed
that he was himself in the habit, at times, of
drawing similar conclusions ; but notwithstand.
lug, he believed there werefew instances in which
there were niore just grounds of complaint than in
the transactions so generally carried on in the
course of trade, In which, fur the sake of conve-
nience, recourse was had to drawing and acedpting
Bills of Exchange, be the practice of which he
hid (to doubt malty very serious frauds were pcac.
tised with Impunity. Tile present case, he
averred, was a convincing proof of the justice of
his remarks. Ile then stated that the Defendant,
his Client, had applied to a person of the name of
Marsh, who was a kind of discounter by commis.
siren, to get a Bill of Exchange of his own dig.
counted fur '2501. and in order to make the matter
appear more regular, it was agreed that Mr.
Marsh should draw on the Defendant for the
amount mentioned, which he was to accept.—
These teems having been camplkd with, Mate'
went to the Plaintiff, with whom he had some
dealings, and tendered him the bill to discount.—
The Plaintiff said he had no objection to comply
with this request provided Marsh would allow hint
to deduct 901. the balance of an Account pending
bet %Ten them ; to this Marsh agreed, and the
Plaintiff appointed him to call on the ensuing day,
in order to receive a check for the difference be.
..tween the Bill of Exchange and the said 901.; but
ou his coming at the time appointed, the Plaintiff
refused to perfurm his prumiseq unless Marsh
would agree to sutler him to deduct a further suns
of 4bl..tfie , balance of another account which
Marsh also had with hint. 'fn this proposition
Marsh would not agree,
.and the Plaintiff refused
to return the bill, unless his terms worn complied
with. Marsh afterwards sent a versent who ten.
acted the two sums of 901. and 481. to the Plain.
.tiff, and desired that the bill of the Defendant
might be reterrned to him ; the Plaintiff, however,
would not comply with his request, but declared
reschttian to •-keerlift:triff. Le also
.oßeel
Bourse the 11181 beeanseelve, and on its being ten.
dared fur payment !gibe Defendlist he refused to
honour it, do' the gltuuted of value never baling
been received. To recover the amount, there.
fore, of the bill, the present action was brought.
The Learned Serjeant trusted;' if he was able to
ipbstatitiate these circumataac 4, the Court would
saucer with him that the Defendant was entitled
to a verdict.

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In corroboration of this statement, he called
Mr. Marsh and the person sent to demaud the bill
and tender the balances alleged to be due, who
by (licit- testimony fully proved the correctness of
the case stated by the Learned Serjeant.
Mr. St rjemit Res?, fur the Plaintiff, by cross.
examination, and the evidence of an attorney,
named Ricks, endeavoured to prove that ►Marsh
h►d tendered the bill in question to the Plaintiff,
in payment of the debts due by the said Marsh to
him ; and Mr. Ricks stated, that having received
instructions from Mr. Neale to sue Marsh for the
two sums of 901. and 481. Marsh had told him that
the bill of the present defendant was paid to Mr.
Neale in liquidation of such debts. Mr. •Serjeatit
Rest therefore argued, that if this was the feet, of
which he had no doubt, the plaintiff au fully
justifire in his action.
Sir JAMES DIANSVIELD was of opinion, that if
the Bill alluded to bad really been tendered to the
Plaintiff fur value received for t!►e debts alleged to
be due by Marsh, most cerlsialy he had a legal
risht to demand payment thereof ; but if, on the
contrary, as stated by Marsh, no such offer or
proimus►tion had been made, anti value had not
been received for the bill, then the Defendant
was nut bound to pay it when presented. 'fl►e
decision on the justice of the ease, however, he
should leave to the Jury. llia Lordship then sum.
n►cd up the evidence, and the Jury, having con-
sidered a short tone, returned a verdict for the
Defendant. .

ADMIRALTY COLT It F. DOCTOR'S COMMONS.,
The Richt lion. Sir %Vas. SCOTT has adjudged
the Following CA,CS:-.-
Eleanor, Hall, master.—ln this ease the Court
cave judgment. This was an appeal from the s •n.
tenet: of the Vice-Admiralty Court of Ita
et hip condemned the ship and cargo for a breach
of the Navigation Act. The Court, after vita- •
.mining the ple.idings and evidence, was of opinion,
that the sentence of the Court below Wii correct,
and accordingly allirmed the same.
alior;rs, Keetstroin, master.—This cwedish ves.
rel w fiscovered byiwu s,ltios-biltseks, the Per-
severance and Ceres, a eutuplete derelict, her
crew having doserterrlter ; and these smacks were
in the very act u 1 twisting her Wu Ilsrwich harbour
orhen the Mariner guti.biig took pospeotion of
her, fur which rervicetii claim a:so of ,alvale was
set up. The Curt prannunced the too fishing-
,...alieks to be entitled to to u.tifths of the value of
the iprurrrty, after deducting the esuences, and
*Vowed thegiiii.brig out cnasidciing her sir.
site as absolutely necessary. . .