The King v Thomas Bruce Wavell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1829 |
| Date | 01 January 1829 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 1249
LINCOLN'S INN
Followed, R. v. Crosby, 1843, 2 L. T. O. S. 230. Considered, R. v. Garrett, 1853, 6 Cox C. C. 260. Referred to, R v. Eagleton, 1855, 4 W. R. 17, R. v. Martin, 1867. 36 L. J. M C. 20.
[224] 1829 the king v. thomas bruce wavell. (Obtaining credit in account from the party's own banker, by drawing a bill on a person on whom the party has no right to draw, and which has no chance of being paid, is not within 7 & 8 Geo IV. c. 29, s. 53, though the banker pays money for him in consequence thereof to an extent he would not otherwise have done.) [Followed, R. v. Crosby, 1843, 2 L. T. 0. S. 230. Considered, R. v Garrett, 1853, 6 Cox C. C. 260. Referred to, R v. Ezgleton, 1855, 4 W. R. 17 , R. v. Martin, 1867, 36 L. J. M C. 20.] The prisoner was tried before Mr. Justice Gaselee, at the Spring Assizes, at Winchester in the year 1829, and convicted on the two counts of indictment of which the following are abstracts :- 4th count That defendant was indebted to prosecutors, bankers and partners, and wished for further advances from them, by their cashing his checks and lending money defendant knew prosecutors would refuse unless he should provide them funds for repayment, thereupon he falsely pretended to Charles Bassett Roe, one of the prosecutors, that if they would cash a check he had drawn in favour of one Mr, Jacob of Newchurch for £70, he would send them a good bill on one Mr. Foster cr. ca. i.-40 1250 THE KING V. THOMAS BRUCE WAVELL l MOOD. 225. to he applied by them as a fund for repayment, to which Charles Bassett Roe agreed. That defendant delivered to prosecutors and falsely pretended that a certain bill (which was set out) was good, promising that it would be duly accepted and paid, and might be safely applied as a fund. Negatives that it was good, that it would be accepted or paid, or that it could be safely applied, and affirms defendant's knowledge thereof, and alleges that the bill is still unaccepted. That defendant by means, &c. induced prosecutors to believe the bill was good, and was a sufficient fund for repayment &c., and obtained from them the amount of the said check to be paid to the said Jacob, and further advances to him to answer other checks drawn by him on defendants, viz £70 and £200, with intent, &c., against the iorm, &c. [225] 9th count. Prosecutors were bankers and partners ; that defendant, in a certain conversation, informed Charles Bassett Roe, to whom and his said partners he was well known, that he had been obliged to give a check on them to one Mr. Jacob of Newchurch for £70 ; to which Charles Bassett Roe replied, that it was very well for said defendant to draw a check, but that prosecutors certainly should not pay it unless defendant gave the money first; that defendant replied, that he could give them a good bill on a Mr. Foster ; that defendant afterwards sent to prosecutors a bill (set...
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R v John Eagleton
...that they merely, when taken in connexion with the evidence, disclose an attempt to obtain credit in account, which, in Rex v. Wavell, 1 Mood. C. C. 224, was held not to be an indictable offence ; and the same doctrine was held in Rex v. Crosby, 1 Cox, C. C. 10. Lord Campbell C. J., after c......