Carter against Whalley, Saunders, Veysey, and Jackson
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1830 |
| Date | 15 June 1830 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 691
IN THE COURT OF KING'S BENCH.
S. C. Li. & W. 297; 8 L. J. K. B. O. S. 340.
[11] carter against whalley, satjnders, veysey, and jackson. Tuesday, June 15th, 1830. S. and others carried on business under the name of the "Plas Madoc Colliery Company." S. withdrew from the firm, which afterwards became indebted to C., no notice having been given to C. or the public of S.'s withdrawing : Held, that S. was not liable for the debt, there being no sufficient evidence that he had ever, while a partner, represented himself as such to C., or appeared so publicly in that character that C. must have been presumed to know of it. [S. C. LI. & W. 297 ; 8 L. J. K. B. 0. S. 340.] Assumpsit by the indorsee against the defendants as acceptors, of a bill of exchange. Plea, by Whalley, the general issue; judgment by default against the other defendants. 692 CARTER V. WH ALLEY 1 B. & AD. 12. The bill, dated Birmingham, May 16, 1829, was drawn by Jackson upon "The Plax Madox Colliery Company, near Ruabon, North Wales," payable to Jackson's order; accepted, per procuration, by Veysey for the company, and indorsed by Jackson to the plaintiff. At the trial before Lord Tenterden C.J., at the London sittings after Easter term 1830, it was proved that Carter, a person residing at Birmingham, had discounted the bill for the Plas Madox Colliery Company at the request of Jackson, who managed their pecuniary affairs, and who remitted the proceeds of the bill to them in Wales. The company, some time before this transaction, consisted of the four defendants; but in April 1829 Saunders withdrew from the partnership. It did not appear that any notice of this fact had been given to the public or to Carter. There was no proof of any dealing between Carter and the firm before May 1829, when the bill was drawn. For a short time in 1828 the company had an account at the Wrexham Bank in North Wales, and Saunders was known there as one of the partners. He had been seen at the colliery in April 1828, taking some part in the getting up of a steam-engine. Jackson lived at Birming-[12]-ham; and an attorney who witnessed the instrument by which Saunders made over his share in the partnership, and who knew all the defendants at that time, also resided there. The plaintiff had stated in December 1829, that he did not know the defendant Whalley at the time when the bill was drawn. On this evidence Lord...
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