Hill and Lewis
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 182
IN THE COURT OF KING'S BENCH
See S. C. 1 Salk. 132.
6. hill and lewis. [See S. C. 1 Salk. 132.] This was an action on the case upon several promises, grounded upon a bill drawn by a goldsmith payable to J. S. and the defendant who endorsed it to the plaintiff who accepted it, and paid by the order, and on the account of the endorsor, 8001. the indorsements were about eleven of the clock, and the drawer continued solvent, and paid money all that day after, and paid money upon other bills to the indorsee after the same day; and it was proved, that if he had demanded payment upon this bill, that good payment had been made; and it was said also that the drawer and the plaintiff were both goldsmiths; and that if a bill be drawn by one goldsmith, and after accepted by another goldsmith, that this is entred upon their books as cash, because being bankers, they reckon it as so much in money ; but if a bill be accepted of another who is not a goldsmith, though the most substantial man in London, the entry is, received so much of such a one by bill; and therefore it was contended, that this being entred as cash by their custom, and accepted as cash, the endorsee is discharged ; also it was said that it was the neglect of the plaintiff, not to receive the money upon the bill, when the drawer was solvent, as he was all the same day; but he absconded and removed between two and three of the clock the next morning: but Holt Chief Justice said, that every bill is extant, till there has been a satisfaction upon it, and the drawer is liable, and so are all the endorsers; and therefore the endorsor here is liable, if there be not a default in the plaintiff; but if there was a default in the plaintiff, so that he might have received the money in a convenient time, and neglected it; in such case the acceptance of the bill by the plaintiff is an agreement, that payment shall be made by the drawer, and the payment by the...
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