Reports of Cases Argued and Determined in the English Courts of Common Law, Vol. 58: Containing the Cases Determined in Trinity Term and Vacation, and Michaelmas Term and Vacation, 1846, and Hilary Term, 1847 (Classic Reprint)
Reports of Cases Argued and Determined in the English Courts of Common Law, Vol. 58: Containing the Cases Determined in Trinity Term and Vacation, and Michaelmas Term and Vacation, 1846, and Hilary Term, 1847 (Classic Reprint)
Excerpt from Reports of Cases Argued and Determined in the English Courts of Common Law, Vol. 55: Containing the Cases in the Court of Queen's Bench, in Trinity Vacation, Michaelmas Term and Vacation, Hilary Term and Vacation, and Easter Term and Vacation, 1846 C. Being indebted to defendants in a sum not yet payable, and pressed by them for secu rity, handed to them a note by which O.'s debtor, S., promised to pay C. A sum exceeding C.'s debtto defendants. This note was not payable to order; but C. Endorsed it when he ...
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Excerpt from Reports of Cases Argued and Determined in the English Courts of Common Law, Vol. 55: Containing the Cases in the Court of Queen's Bench, in Trinity Vacation, Michaelmas Term and Vacation, Hilary Term and Vacation, and Easter Term and Vacation, 1846 C. Being indebted to defendants in a sum not yet payable, and pressed by them for secu rity, handed to them a note by which O.'s debtor, S., promised to pay C. A sum exceeding C.'s debtto defendants. This note was not payable to order; but C. Endorsed it when he handed it over. Afterwards defendants pressed C. To obtain negotiable paper from 8. Instead of the note, which they re-delivered to C. Ibr that purpose; S. Thereupon, after the term for C.'c paying defendants had elapsed, tool: back the note, and accepted bills of ex change drawn by C., exceeding O.'s debt to defendants, which bills C. Desired him to give 'a the defendants. At the time of the acceptance, C. Intended to commit an act of bank ruptcy, which 8. Knew; but defendants did not know it. After the act of bankruptcy, S. Delivered the bills to defendants. In trover by C.'s assignees for the bills, issue being joined on a plea of Not possessed, E, that though 8. Was not agent for defendants, the bills were not, at the time of the act of bankruptcy, in O.'s possession as reputed owner with the consent of the true owners, within stat. 6 G. 4, c. 16, s. 72, merely as being in O.'s hands; inasmuch as they were sub Ject to the mine rights as the note, which C. Held only, tbr a specific purpose, as agent for defendants, But that, nevertheless, if S. Did not know of the assignment by C. To defendants of the debt due from S. To C., the assignment was not good as against the plaintifi's; and therefore, as against them, the defendants had no title, legal or equitable, to the note, even while 1t re mained in their hands, and consequently, none to the hills. But that, if S. Did know, de fendants were entitled to succeed on the issue. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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