Farquhar, Bart and Others v Southey and Others
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1826 |
| Date | 16 December 1826 |
| Court | High Court |
English Reports Citation: 173 E.R. 1064
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
S. C. with annotations, 2 C. & P 497
Westminster, Dec 16, 1826 farquhar, bart and others v. southed and others (A and Co. having accepted a bill for B.'s accommodation, B. paid it into the hands of his bankers without notice, who retained possession of it for several years, charging him with interest for it, but never debiting him with the amount of the bill. During this time, they became bankers to A. and Co also, but never gave them notice that they held the bill against them The balance of B 's account was always against him , that of the account of A and Co. m their favour, but very seldom to the amount of the bill In an action by the bankers against A and Co.-Held, that under these circumstances, the defendants were not discharged unless the ]ury should infer that the plaintiffs had entered into an agreement to discharge the defendants, or had expressly renounced all intention of holding them liable on the bill. If a bill is addressed to " A and B "by the name of "A. B. and Co ," and they accept it by the name of"' A and B.," and the address of the bill is afterwards altered to " A. and B ," this is an immaterial alteration, and does not discharge the acceptor ) [S. C. with annotation, 2 C. & P 497 ] Assumpsit by indorsees against acceptors of two bills of exchange for £500 each The bills were [15] accepted by the defendants for the accommodation of one Leader, aoid indorsed by him for value, and without notice to the plaintiffs, his bankers. During the whole time which elapsed from Leader's indorsing the bills to the plaintiffs, till his bankruptcy, he was always considerably indebted to them. The plaintiffs never presented the bills for payment, or made any demand on the defendants till after. Leader's bankruptcy, three years after one bill became due, and four after the other. The defendants, about two years after the second bill became due, opened a banking account with the plaintiffs, but the plaintiffs did not then inform them that they held these bills against them. The balances which the defendants had m the hands of the plaintiffs seldom exceeded £300, but on two occasions they had for two or three days balances to their credit of more than £1000, on which the plaintiffs made no claim The plaintiffs debited Leader up to the time of his bankruptcy with interest on the bills, but never carried the...
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Farquhar and Others v Southey and Others
...English Reports Citation: 172 E.R. 226 IN THE COURTS OF KING'S BENCH AND COMMON PLEAS Farquhar and Others and Southey and Others S. C. Mood. & M. 14. Referred to, Harrison v Courtauld, 1832, 3 B & Ald 36. Before Mr. Justice Littledale (who sat for the Lord Chief Justice). Dec, 16th, 1826 fa......