Tipper v Bicknell and Others
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1837 |
| Date | 28 April 1837 |
| Court | Court of Common Pleas |
English Reports Citation: 132 E.R. 584
IN THE COURT OF COMMON PLEAS
S. C. 4 Scott, 462; 3 Hodges, 98; 6 L. J. C. p. 194.
tipper v. bicknell and others. April 28, 1837. [S. C. 4 Scott, 462; 3 Hodges, 98; 6 L. J. C. P. 194.] Declaration stated that Defendants being in possession of certain mortgage deeds, of which H. E. was desirous to obtain-an assignment by the payment of 5001., the Plaintiff consented, at H. B.'s request, to accept bills to that amount drawn by H. E., upon H. E.'s procuring the Defendants to deliver the mortgage deeds to the Plaintiff as a security; that the Defendants, in consideration of the Plaintiff accepting the bills, undertook to deliver the deeds to him upon his paying them the amount of the bills: Held, a sufficient consideration for the Defendants' promise. The Plaintiff declared that before the making of the agreement and promise of the Defendants hereinafter mentioned, the Defendants on the occasion hereinafter mentioned, represented to the Plaintiff that certain mortgage deeds and writings, to wit, (describing [711] them,) had been deposited with certain persons, to wit, W. L. Bicknell (one of the Defendants) and Mr. Blewitt; that before and at the time of the making of the agreement and promise of the Defendants next mentioned, H. Eowland the younger was desirous of purchasing and taking an assignment from said W. L. Bicknell and Mr. Blewitt of their interest in the said mortgage at and for the sum of 5001. to be paid by the said H. Eowland the younger for the same, and to obtain good bills to that amount in order to satisfy the said sum of 5001.; that thereupon, to wit, on the 6th of July 1832, the said H. Eowland the younger, applied to and requested the Plaintiff to accept for the accommodation of the said H. Eowland the younger, two several bills of exchange, to be respectively drawn by the said H. Eowland the younger upon the Plaintiff, each for the sum of 2501. and payable respectively to the order of H. Eowland the younger, the one six months and the other at twelve months' date, for the purpose of enabling the said H. Eowland the younger to use or negotiate the said bills for his own benefit, that is to say, for the purpose of enabling him to indorse the said bills, and deliver the same to the said W. L. Bicknell and Mr. Blewitt, for 3 BING. (N. C.) 712. TIPPER V. BICKNELL 585 the said sum of 5001. to be paid as the consideration for the said assignment by W. L. Bicknell and Mr. Blewitt of their interest in the said last...
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