Jenny v Herle
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 93 E.R. 719
COURTS OF CHANCERY, KING'S BENCH, COMMON PLEAS AND EXCHEQUER
jenny vers. herle. Pas. 9 Geo. Rot. 144. A bill drawn payable out of a particular fund is not a bill of exchange. L. Raym. 1361. 8 Mod. 265, S. C. Error of a judgment in C. B. in an action upon the case, wherein the plaintiff declares, that the defendants, according to the custom of merchants, drew a bill of exchange upon J. P. whereby they requested him to pay the plaintiff 19451. out of the monies in his the said J. P.'s hands belonging to the proprietors of the Devonshire mines, being part of the consideration money for the purchase of the manor of West Buckland, That J. P. refused to accept it, and the defendants as drawers are liable. There was judgment in C. B. for the plaintiff, but upon error in B. R. that judgment was reversed, the whole Court being of opinion, that this appointment to pay out of a particular fund, which might or might not answer, was not a bill of exchange, and exactly like the case of Jocelyn v. Laserre in B. R. Pas. 1 Geo. which was a bill drawn by an officer, upon his agent, requesting him to pay out of his growing subsistence; which the...
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...Fairbank v. Bell (1 B. & A. 36); Jones v. Simpson (2 B. & C. 318); Lestrange v. Lestrange (13 Beav. 281); Jenny v. Herle (2 Ld. Raym. 1361; 1 Str. 591); Haydock v. Lynch (2 Ld. Raym. 1563). [THE lord justice knight bruce referred to Evans v. Prothero (1 De G. Mac. & G. 572).] Mr. Malins, Mr......
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