The Guardians of the Poor of the Lichfield union v William Greene
| Jurisdiction | England & Wales |
| Judgment Date | 21 February 1857 |
| Date | 21 February 1857 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1459
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 26 L. J. Ex. 140; 3 jur. (N. S) 247, 5 W. R 370.
the guardians of the poor of the lhthfield union r welleam greene. Feb 21, ly57-The defendant executed a bond conditioned to be void, if G should honestly, diligently and faithfully perform and discharge the duties of his office as treasurer of a poor-law Union One of the duties was to pay out of any money for the time being in his hands, belonging to the guardians, all orders, &c , drawn upon him. G. was a country banker issuing his own notes On the 28th of December, the plaintiffs, the guardians of the Union, drew several orders for money, some of which having been presented at G 's bank, and 951 were paid in notes of the bank on that day. On the 31st of December the officer of the Union presented other orders, and received 2001 in notes of G 's bank. On the same day the plaintiffs having to transmit money to London, their clerk presented to G an order for 41 19s Hd , and obtained from him a common bankers' draft on a banker in London, which was afterwards dishonoured. G 1460 THE GUARDIANS OF LTCHF1ELD UNION V. GREENE 1 H & N 885. stopped payment at 3 o'clock on the 31st of December, and on the 1st January was declared bankrupt. At the time of the presentment of the order G had in his bands sufficient money of the guardians to pay them -Held, that the defendant was not liable to make good either1 of the three several sums of money to the plaintiffs. [S. C. 26 L. J. Ex. 140; 3 Jur. (N. S ) 247 , 5 W. R 370.] This was a special case (without pleadings) stated for the opinion of the Court under the provisions of the Common Law Procedure Act, 1852 In 1851, Richard Greene was appointed treasurer of the Lichfield Union, and thereupon he, and the defendant, and one Lawton as his sureties, entered into a bond to [885] the plarntifFs The condition of the bond recited the appointment of Richard Greene in the manner prescribed by the rules and regulatrons of the Poor Law Board, and amongst other things, not material to the present question, contained a stipulation that Richard Greene should honestly, diligently and faithfully perform and discharge the duties of hrs ofhce One of the duties prescribed by the general consolidated orders of the Poor Law Commissioners was, "to pay out of any money, for the time being in his hands, belonging to the guardians, all orders for money which should be drawn upon him in conformity with article 84, when the same should be presented for payment at the house or usual place of business of the treasurer." Richard Greene was a banker at Lichfield, and earned on business under the name of Palmer & Greene. On Friday the 28th of December, 1855, the plaintiffs drew several orders for money in the proper form, and delivered them to their clerk for the purposes of the Union. Some of them were presented for payment at the bank on that day, and paid partly in cash and the residue irr 51 bank notes of the bank.(a)1 The notes were ordinary country bank notes, dated Lichfield, payable to bearer, on demand, at Lichfield, or at Messrs. Smith, Payne & Smith's, London The bank stopped payment at 3 o'clock P.M of Monday the 31st of December, at v\hich...
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Mƒ€™DONNELL v MURRAY
...v. Child 1 Ves. 341. Glynn v. The Bank of England 2 Ves. 38. Miller v. RaceENR 1 Burr. 452. The Guardians of Lichfield Union v. GreeneENR 1 H. & N. 884. Popham v. Lady AylesburyENR Amb. 68. Downing v. TownsendENR Amb. 280. Fleming v. Brook 1 Sch. & Lef. 318. Mayor v. JohnsonENR 3 Camp. 324.......