Potez v Glossop
| Jurisdiction | England & Wales |
| Judgment Date | 17 April 1848 |
| Date | 17 April 1848 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 460
EXCHEQUER REPORTS.
Discussed, Butler v. Discount Mountgarrett, 1859, 7 H L C 633.
[191] exchequer reports, easteu term, 11 Vicr potez v glossop April 17, 1848 -The date a letter bears is puma facie its true date [Discussed, Butlei v f- i^uunt Afounlgcmett, 1859, 7 H L C 633] Assumpsit The first count of the declaration was on a bill of exchange for .250, of the 28th of August, 1846, payable four months after date, drawn by one Gardener upon and accepted by the defendant, indorsed bv Gardener to one Gadderer, and by hirn indorsed to the plaintiff Plea (amongst others) in substance, that the bill was drawn and accepted for a special purpose, vrz that the drawer would get it discounted, and pay the proceeds to the defendant, and fiom the time of such acceptance, until it was indorsed to Gadderei, Gardener held it on those terms, and! that the defendant uevei received any consideration for it, that Gardener did not get it discounted, but indorsed it without the defendant's consent to Gadderei, who, before and at the time of such indorsement, knew that the bill was held for the special pur pose aforesaid , that the plaintiff had notice of the premises before rt was indorsed to her, and that neither had Gaddeier or the plaintiff, befoie such notice, any right or title to have the bill indorsed to them Verification There was also a plea, that the defendant's acceptance was obtained by fraud and covm, &c , of which both. Gadderer and the plaintiff had notice before they acquired any title to the bill Verification The plaintiff [192] replied de injuna to these pleas, upon which issue was joined At the trial of the cause, before Pollock, C B , at the Middlesex sittings after Trinity Term, 1847, it appeared that the defendant had beerr induced to accept the bill in question on the faith of an advertisement in the newspapers, which offered loar^s of money upon favourable terms, and upon the understanding that the bill would be discounted, and that he should receive the proceeds He did not, however, ever receive any money on account of the brll It was proposed on the part of the defendant to read certain letteis from Gadderer to the defendant, to shew that whilst the bills were in Gadderer's hands, and befoie they were indorsed to him, he knew the terms upon which the defendant had accepted the bill It was thereupon objected on 2; EX. 193. POTEZ V. GLOSSOP 461 the part of the plaintiff, that there was...
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...upon both grounds, citing Campbell v Richanh (5 B & Ad 840) on the hrst point, and Anderson v Weatmi (6 Bing N" G 296), and Potez v Gtoiwp (2 Exch 191) on the second [718] E James and C Pollock shewed cause Fust, the questions put to the vvitness on cross-examination were pioperly put and w......
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Pierce Somerset Butler, - Plaintiff in Error; Henry Edmund Viscount Mountgarret, - Defendant in Error
...Court of Exchequer at the time when my noble and learned friend opposite was a member of that Court, in the 647] case of Potez v. Glossop (2 Exch. 191), where it was laid down by the Judges that we were compelled, by the many cases which had been decided, to hold the date to be prima facie ......
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