Lee against Levy
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 21 June 1825 |
| Date | 21 June 1825 |
English Reports Citation: 107 E.R. 1104
IN THE COURT OF KING'S BENCH.
[390] lee against levy. Tuesday, June 21st, 1825. Where a bill of exchange was dishonored by the acceptor, and due notice of the dishonor was given to the different parties, and the indorsee having commenced actions by original against the acceptor, and a prior indorser afterwards took from the acceptor a warrant of attorney for the debt and costs, payable by instalments. (The last of the instalments being payable before the time when in the ordinary course of proceedings he could have obtained judgment against the acceptor:) Held, in the action against the indorser that the taking the warrant of attorney from the acceptor being a matter arising after the commencement of the action, it was no bar to the action generally, and therefore that it was not receivable in evidence under the general issue. Qusere whether the taking of the warrant of attorney from the acceptor was under the circumstances a giving of time so as to discharge the other parties to the bill. Declaration by the plaintiff as second indorsee of a bill of exchange, bearing date the 17th April 1821, for 501. against the defendant, the indorser. The bill was drawn by one Jackson, upon one Edward Buyers, and accepted by him, and indorsed by Jackson to the defendant, and by him to the plaintiff, and was payable two months after date. At the trial before Abbott C.J. at the London sittings after Michaelmas term, the plaintiff proved the hand writing of the several parties to the bill, and that it was presented for payment when due, and that payment was refused, and that due notice of dishonor was given to the defendant, and that the plaintiff then immediately commenced actions by original against the acceptor and the defendant. For the defen- (a) By that rule, it is...
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