Johnson and Another v Windle and Another
| Jurisdiction | England & Wales |
| Judgment Date | 08 November 1836 |
| Date | 08 November 1836 |
| Court | Court of Common Pleas |
English Reports Citation: 132 E.R. 396
IN THE COURT OF COMMON PLEAS
S. C. 3 Scott, 608; 2 Hodges, 202; 6 L. J. C. P. 5.
[225] johnson and another v. windle and another. Nov. 8, 1836. [S. C. 3 Scott, 608; 2 Hodges, 202; 6 L. J. C. P. 5.] A promissory note delivered by Defendant to Plaintiff, payable to Plaintiff's order, was stolen from Plaintiff by his clerk, who, after forging Plaintiff's indorsement, obtained payment of the Defendant's banker: the banker handed the note to the Defendant: -Held, that Plaintiff was entitled to recover the amount at the hands of Defendant in an action of trover, notwithstanding six weeks had elapsed before Plaintiff discovered and gave Defendant notice of the loss of the note. This was an action of trover to recover the value of the promissory note, set out as follows:- * [See 3 Bing. (N. C.) 427. Ed. E. E.] 3 BING. (N. C.) 226. JOHNSON DWINDLE 397 Milford Wharf, London, 30th March 1835. "Sixty days after date, we promise to pay C. Johnson and Sons, or order, 301. value received in coals, ex ship ' Two Brothers,' at Messrs. Gosling and Sharpe. " W. AND C. WlNDLE." The declaration was in the usual form, and alleged that the plaintiffs were lawfully possessed of the note as of their own property. The Defendants pleaded, first not guilty; secondly, that the Plaintiffs were not lawfully possessed as of their own property of the said promissory note in manner and form as the declaration alleged. Upon those pleas issues were joined. By order of a Judge, and consent of the parties, the following facts were stated in a special case for the opinion of the Court. The Defendants were the makers of the promissory note above set forth, and the Plaintiffs were the payees therein mentioned. The note in question was made and drawn by the Defendants on the day of its date, and delivered by them to the Plaintiffs in the usual course of business, in part payment for part of a cargo of coals ex ship the " Two Brothers." The note was afterwards stolen from the Plaintiffs; and at the time it was so stolen there was no indorsement upon it. [226] On the day when it became due, Messrs. Wilkins were holders of the said note for value, and the same was presented by a clerk of Messrs. Glynn and Co., bankers in London on account of the said Messrs. Wilkins to Messrs. G-osling and Sharpe, for payment, who, as the Defendants' bankers, paid the note and debited the Defendants' account with the sum paid. The...
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