Bell, one of the public Officers of the National Provincial Bank of England v Fisk
| Jurisdiction | England & Wales |
| Court | Court of Common Pleas |
| Judgment Date | 01 May 1852 |
| Date | 01 May 1852 |
English Reports Citation: 138 E.R. 999
IN THE COURT OF COMMON PLEAS
[493] bell, One of the Public Officers of the National Provincial Bank of England v. FiSK. May 1, 1852. Upon a motion to enter up judgment on an old warrant of attorney, the affividavit is properly intituled in the cause in which the judgment is to be entered.-Where a warrant of attorney is given to three trustees of a joint-stock bank, to secure a 1000 BEIX V. .FISE 12 C. B.494. debt due to the co-partnership, the judgment thereon is properly entered up in the name of the public officer for the time being. : The defendant, who had kept an account with the National Provincial Bank of England, at their branch bank at Ipswich, on ,the 4th of October, 1837, executed to John Melville, William Henry Sharpe (since deceased), and James Euddell Todd, three of the trustees of the bank, a bond bearing date on that day, in the penal sum of 14001., with a condition thereunder written, whereby, after .reciting .that the said J. Melville, W. H. Sharpe, and J. E. Todd, were three of :the.-trustees of the society or co-partnership called the National Provincial Bank of England, and that the defen dant had opened an account with the said society or co-partnership at their said;branch. at Ipswich, and that the sum of 7001. and upwards was then djie on:the said banking account from the defendant to the said society or .co-partnership, -it was conditioned, that, if the defendant, his heirs executors, and administrators, should and did from time to time and at all times thereafter, .on demand .made ^thereof by the court of directors of the said society or co-partnership, or by/the .manager: for the time being, of the said branch bank of the said society or co-partnership at Ipswich aforesaid, or any other officer or clerk of the said society or copartnership thereunto authorised, well and truly pay or cause to be paid unto the said society of co-partnership the said sum of 7001. so then due from the defendant to the said society or co-partnership as aforesaid, and all and every such sum and sums of ;money ^hich upon any balance of accounts between the said society or co-park[494]-nership, and the said defendant, his executors or administrators, should from time to time become and be due and owing to the said society or co-partnership from the defendant, his.. executors or administrators, by reason or on account of. any future advances and. otherwise, as in the said condition more particularly mentioned, together with interest at 5 per cent, per annum on the amount...
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