George Simson v John Cooke and Others, Executors of William Peareth
| Jurisdiction | England & Wales |
| Judgment Date | 09 February 1824 |
| Date | 09 February 1824 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 181
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 8 Moore, 588; 2 L. J. C. P. (O. S.) 74.
george simson v. john cookk and others, Executors of William Peareth. Feb. 9, 1824. [S. C. 8 Moore, 588; 2 L. J. C. P. (0. S.) 74.] A bond by which, after reciting the partnership of J. C. and T. C., W. P. became surety for such sums as should be advanced to meet bills drawn by J. C. and T. C., or either of them, was held not to extend to bills drawn by J. C. after the death of T. C. The Plaintiff declared in debt on a bond which, being set out on oyer, was as follows : We, John Cooke and Thomas Cooke, both of Sunderland, bankers, carrying on business under the firm of Cooke and Co., and William Peareth, are jointly and severally bound to Patrick Craufurd Bruce, George Simson, and George Taylor, of 182 SIMSON V. COOKE l BINQ. 4S3. London, bankers, carrying on business under the firm of " Were, Bruce, Siraaon, and Taylor," in the penal sum of 50001., to be paid to the said P. C. B., G. S. and G. T., their attorney, executors, administrators, or assigns, for which payment we bind ourselves and each of us by himself for the whole, our and each of our heirs, executors, and administrators, by these presents sealed with our seals; dated 12th of August, 1805. The condition of the bond was, "Whereas John Cooke and Thomas Cooke have applied to P. C. Bruce, G. Simson, and G. Taylor, to permit them, the said J. C. or T. C., or parsons authorized by them, to draw bills on [453] P. C. B., G. S., and G. T. for their acceptance and payment, they, the said J, C. and T. C. engaging to pay or remit to the said P. C. B., G. S., and G. T. the amount of such bills, at or before the time such billa shall become respectively due; and in order tha better to secure P. C. B., G. S,, and G. T., or any of them, associated or not with any other person or persons in the same or any other firm of business, the due and punctual remittance of money to pay the bills so to be accepted by them ; and also the payment of all such sum or tutus of money as they the said P. C. B., G. S., and G. T. shall advance for the said J. C. and T. C., or which shall or may be due, or owing, or payable to them the said P. C. B., G. S., and G. T. from the said J. C. and T. C. or any or either of them at any time hereafter, on any account whatsoever; they the said J. C. atid T. C. have agreed to execute a bond to P. G. B., G. S., and G. T., together with William Peareth, as their surety, and in consideration thereof P. C. B., G. S., and G. T. have agreed to comply with such request for so long a time as they may think proper : now the above written obligation is such that if J. C. and T. C., their executors #nd administrators, shall remit to P. C. B., G. S., and G. T., and every of them, associated or not, as aforesaid, the amount of all such sums of money as they J. O. and T. C., or either of them, or any other person authorized by them or either of them, shall or may draw on P. G. B., G. S. and G. T., or any of them, associated or otherwise aa aforesaid, respectively, or made payable at their house as and when the same bills and notes shall respectively become due, and also shall from time to time pay or cause to be paid unto P. G. B., G. S., and G. T., and every of them, associated or not, as aforesaid, their and each of their heirs, executors, and administrators, all such sums of money as shall be paid by them or any of them, associated or not as aforesaid, [454] respectively, for or on account of any note or notes, bill or billa of exchange, which shall at any time hereafter be drawn by J. C. and T. C. or any or either of them, or any other person or persons authorized by them and accepted by P. C. B,, G. S., and G. T., or any of them, associated or not as aforesaid, or made payable at their house, and also all such sums of money as P. C. B., G. S., and G. T., or any or either of them, associated or not, as aforesaid, shall, at any time hereafter, pay, expend, land, or advance to or for J. C. and T. C. or any or either of them, or which shall at any time hereafter be due to them, P. C. B., G. S., and G. T., from J. G., and T. C,, on any account whatsoever, together with interest for the same, from the time the same shall be advanced and paid by, or due and owing to them, the said P. C. B., G. S., and G. T., or any...
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