Poole v Smith
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1816 |
| Date | 24 January 1816 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 194
IN THE COURT OF COMMON PLEAS
194 POOLE V. SMITH HOLT 144. [144] First Sittings in Hilary Term, 56 Geo. Ill, 1816, at Westminster. January 24, 1816. poole v. smith. (In an action by the indorsee of a bill of exchange against the acceptor, it appeared that, after action brought and notice of trial, the bill, which was indorsed in-blank, had been lost. Held, that although the bill had been drawn more than six years, the plaintrff was not entitled to recover without producing it at the trial.) This was an action by the indorsee of a bill of exchange against the acceptor. The bill had been drawn more than six years, and the action was commenced in 3813. A few days previous to the trial, the bill (which was indorsed in blank) had been picked out of the pocket of the attorney's clerk, and had not since been found. There was evidence that it had been shewn to the acceptor after the action was brought, who admitted the acceptance to be his hand-writing, but said he had no obligation to pay, inasmuch as between him and drawer it had been satisfied by other bills Tne Chief Justice thought that this evidence was not enough without producing the bill...
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