Mayor and Others v Johnson and Eaton
| Jurisdiction | England & Wales |
| Judgment Date | 13 February 1813 |
| Date | 13 February 1813 |
| Court | Court of the King's Bench |
English Reports Citation: 170 E.R. 1398
IN THE COURT OF KING'S BENCH.
1324] in the court of king's bench. at the sittings after hilary term, in thr fifty-third year of the reign of george III [lKi. ] First Sittings after Term at Westminster Saturday, Feb. 13, 181.3. mayor and others u johnson and eaton. (A traveller received a bank-note in a provincial town, which he cut in two, and sent the halves on different days by the post, addressed to his employers in London ; one of these was stolen from the mail coach, and they received the other Held, that under these circumstances they could not maintain an action against the makers of the note on producing that halt of it which reached them safely ) The plaintiffs declared in the usual form as bearers, against the defendants as makers, of a 5 promissory note of the Stamford and Rutland bank, payable at Stamford, or at Messrs. Ramsbottom, Newman, Ramsbottom, and Co.\s, bankers, London. The plaintiffs carry on business in London. The note in question was received at Nottingham on their account by their traveller. According to his usual mode of proceeding an such occasions, he cut it into two parts. The one he put into the post-office at Nottingham, inclosed in a letter [325] for the plaintiffs, on the 2tith of October last. This never reached them, the bag containing it having been stolen from the Leeds mail. The other half, which was sent from Nottingham on the 28th, they duly received and presented tor payment at Ramsbottom and Co \ who refused to pay it without orders from the defendants. The defendants being written to on the subject pronounced the application impeitment -The latter half of the note produced, at the trial was in the following form Rutland Bank, No A 524 pay the Bearer Five Pounds Bank at Stamford or at Newman, Ramsbottom, & Co. received 3d Sept 1810 wm. johnson & stephen eaton stephen eaton The handwriting of the defendant Eaton was proved to the note , the traveller who...
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