Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-26

hour after the promise VA made. IL the pr,!
mise III this case such rs the COUNSEL have
contcndcd it was, we admit the conclusion in
point of law to be correct. IT., for example,
the promise of torbearance be for a short time.
such forbearance would bc a good considc-
ration, and that for the reason assigned by The
Counsel, LutWidh v. Hussy, Gro. Eliz. 10.
! but We take the rule I" be, that il the pre-
mise be To iorbear for a conv enent OR reason
able time either in general, or special FERNS
or indefinitely il is sufficient to maint:ln as
Sumpsit for, iii the latter case, the Court will
intend the forbcarance tn he total and absolute:
and after forbearing for reasonable time, the
plaintiff may bring hs action upon tie new
promise, and is not obliged to wait al, his life.
.tfapes v. Sidney Gro JAG. cas-. L;nghen
v Broughton, 8 Bulstr. 906. Rolls Rep. 81
More 11G7. Mature v. Hest, Gro. E!iz. 663
Comyns in his Digest, Title, Z" .7ct,ons on The
Case upon .aSsumpsit," q. |. states the rule
that iorbearaiicc generally is good consider,,-
ton. He cites Hob. Gle. and Gro. Eliz. 3B7,
and addsas the reason, that il shall be intcntct
| total fOrbearance for which he refers To
.Ndpesv. Sidney, before mentioned and YRo,ne
Y. Fuller. In Phillips V. .SackSo,d. Gro. Eli.
455, it was laid down, that a promise TO for.
bear indefinitely, was not Il good consideration;
but this decision was clearly overruled by the
other cases above referred to-
In this case, however, there is no necessity
to rely upon these authorities because here
was reasonable and convenient time of for
bearasce fixed and although it WAS uncertain
at the time as TO its duration, yet il was refer
rabic TO certain standard, viz. Ike atitiq Of
The defendant 10 FCy. For we undc,s stand th:
promise 10 be, that The plaintiff scoiild .forbear,
untaM defendant should be nile - in the han:
pening of which, the defendant promised la
pay. This is precisely the same in principle
as the case of Navy. .9pc70u, Gro. Eliz. 3g7.
before noticed for another purpose Their.
the proalise was to deliver goods an SIC
months, in consideration of forbearance gene
rally. The plaintiff did not promise express
iy To wait SIX months, but the Court said that
was TO he implied, and,the consideration was
deemed sufficient TO uphold the promise. Up
on The whole, we are uf opinion, that none az
the objections to this count are supported.
We have selected the l;Il count, because
that is the one 10 which the evidence applied.
ana we have endeavourcd 10 show from the,
cases, that the objections to this count are M
tenabic Ii is unnecessary and Wouit; L.. Il
waste OF time 10 notice tie other counts, he
cause, ifany one count be good and the cyi-
dence given at the trial applied only 10 that
count, and general verdict be given lh.
Court may direct the verdict 60 be entered
ON the good count; and we find from the I1us-
iisll cases that the Court has gone SO far ;,g
TO permit the postea TO be amended nv the
notes at the Judge, and the verdict To be- GU
tered upon the countto which the evidence civ
! en- ut the the trial applied, and for the defend
ant ON the others. Eddo,ces v. Hopkins Doux
376. But this cannot be- done 81. writ ofeI-
ror; and IN that case, the Court can do M
more than award aenire de ncoo Dougl.
$50, Grcnt V, firth, E6s: s. Pull UaU.esn '.
Breedoa. Now in this case the evidence ap-
piled 10 the 9TH count, and i'm some scspccts
" ic
part "fthc evidence applied to the original
counts to which no objection is made, and
which, on the motion in arrest Of Judgment
are not before the Court.
The reasons assigned for new trial are tie.
| following. l.. That protest for non accr,,.-
ancc ofan inland Bill ofExchange was admit
ted in evidence
The inquiry then is, whether bill drawn.
III New Orleans upon person living in Penn
sylvanla, is an inland or a foreign hill 70
TINS inquiry my attention has been directed :;
because to this alone the arguments of the,
counsel were applied.
In" question is in a great measure new, as
well as difficult, and involves general princl-
pies, IN relation to the federal union of these.
states, which we consider as highly impor.
tant.
Foreign and Inland, when applied to Bills Of
Exchange, are terms purely technical, which
we have borrowed from the English law Il,
whichit IS proper - refer for their true mean
ing.
The elementary writers in distinguishing tia
one kind of bill from the other, make use of
different expressions, all Of which, however,
! seem 10 bc Intended to mean the same tbinr
| hyd I'D ms Treatise, p. g., describes fCrei.ra
| bills To be those which pass from one counirG
to another and inland bills such as pass b, :
tween persons rosutirs IN NE same countrg.---
EcanS, p. ., states foreign bill 10 BIZ ore,
which is drawn by creditor in one hingdoDe..
upon his debtor IN another ; and an inland bill,
! Is one where tile drawer and dravee resid,,
IN tins Kingdom Blackstone, in his Cvmmcn.
tarIes, vol. +. 4G7,usc the words dbroad whc-.
speaking Of a foreign bin, and KINGDOM, in rec
ference to AM inland bills
If the phrase KtagGoHi; is 10 be taken IN he
strict sense, 10 nc3nttc territories belonging ~,
the King, it would fonow that Bills drawn l.,
the West Indies upon England; would he cor.
! sdercd as inland.which they most uinnncstnr
ably are not. No direct authority was prn
duccd by the COUNSEL on either side, nor have
l been able to meet with any, as to the partcu
lar character Of Bills drawn ont Of England
but Within the Kings dominions on England
ii was said by IrebI J. in the case of B7ons
Uick v. Ltoyd. Lutw. 1888, " that Bills OF
Exchange are first extended only to ncrcli,tn.
strangers, trading with English merchants and
afterwards to inland bills between merchants
trading the one with tha other here IN Enrlq,i1.
and afterwards, to all traders and Of late 60 OH
persons traificking or not" from which express
sions 1t would seem; that inland bills were
confined to persons residing ia England.
In the argument Of this cause, it was said
by COurscl, that Bills drawnin Scotland upon
ENGLAND fI... IT,,,o