Warwick and Another v Nairn
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1855 |
| Date | 24 January 1855 |
English Reports Citation: 156 E.R. 648
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
warwick and another v. nairn. Jan. 24, 1855.-To an action by the drawer against the acceptor of a bill of exchange for 3131. 12s. 9d., the defendant pleaded, except as to 1081. 15s. 3d parcel, that the bill was drawn and accepted in respect of the price of certain goods sold by the plaintiffs to the defendant, and for no other debt; that, at the time of sale, the plaintiffs promised the defendant that tfce goods should be of a certain quality; that he bought the goods and accepted tie bill on the faith of the plaintiffs' promise, that the goods delivered were not of the quality specified but of inferior quality, and that they were of the value of 1081 15s. 3d and no more ; and that, save as aforesaid, there never was any value or consideration for the making or accepting of the said bill of exchange :-Held, on demurrer, that the plea was bad. The first count of the declaration was on a bill of exchange, dated the 20th of February, 1854, for 3131. 12s. 9d, payable six months after date, drawn by the plaintiffs on the defendant, and accepted by him. There was alao a count upon accounts stated. Plea-As to the plaintiffs' claim, except as to the sum of 1081. 15s 3d., parcel thereof, that the bill of exchange in the declaration mentioned was drawn and accepted, and the accounts in the declaration alleged to have been stated were stated, for and in respect of the price of certain manure sold and delivered by the plaintiffs to the defendant and at his request,, and of certain other goods, to wit, residuum, saltpetre, aud bags or sacks sold and delivered by the plaintiffs to the defendant and at his request, and not for or in respect of any other debt or consideration what-[763]-ever; that, before and at the time of the said sale and of accepting the said bill and stating the said accounts, the plaintiffs produced and shewed to the defendant a printed statement, purportiag to be an analysis of certain manures, and specifying the descriptions and qualities thereof respectively, and the plaintiffs then promised him that the manure so sold and delivered as aforesaid, being one of the manures mentioned and described 10 EX. 764. WARWICK V. NAIRN 649 in the saad statement, was and should be equal in quality to the manuie of the same description mentioned in the said statement, that the defendant then bargained foi and bought the said manure...
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