Widders, App, Gorton, Resp
| Jurisdiction | England & Wales |
| Judgment Date | 27 January 1857 |
| Date | 27 January 1857 |
| Court | Court of Common Pleas |
English Reports Citation: 140 E.R. 236
IN THE COURT OF COMMON PLEAS, AND IN THE EXCHEQUER CHAMBER.
S. C. 26 L. J. C. P. 165.
widders, App., gorton, Besp. Jan. 27, 1857. [S. C. 26 L. J. C. P. 165.] Upon a case stated by way of appeal from a county-court decision, it appeared that, the defendant being indebted to the plaintiff, the latter drew upon him two bills, which the former returned accepted, and their receipt was acknowledged by the plaintiff in a letter (to which a penny receipt-stamp was affixed) stating that they were placed to the defendant's credit. The plaintiff afterwards inclosed the bills in a letter addressed to the defendant, with a request that he would re-accept them, making them payable at a banker's. It was proved that this letter was duly posted; but there was no evidence to shew that it had ever come to the defendant's hands. After the bills had arrived at maturity, the plaintiff sued the defendant in the county-court, upon the original consideration, for goods sold and delivered. At the trial, it was contended for the defendant, that, the bills having been given in payment pro tanto of the plaintiffs account; and being still in existence, the plaintiff could not without producing them recover upon the original consideration. The judge decided that the plaintiff's letter did not in point of law amount to an acceptance by him of the bills in payment, and decided that he was entitled to recover for the original consideration : Held, that his decision was right. This was an appeal against a decision of the judge of the Bow county-court of Middlesex. The action was for goods sold and delivered; the plaintiff by his particulars claiming 341. Is. 6d. for goods delivered between the 26th of February and the 23rd of June, 1856, and giving credit for 61. on account. The facts proved at the trial were,-that, on the 25th of June, 1856, the defendant was indebted to the plaintiff in the sum of 251. 9s. 6d. for goods sold and delivered; and on that day the plaintiff drew upon and sent by the general post to the defendant two bills of exchange, dated respectively the 25th of June, 1856, one bill being for 101., payable two months after date, the other being for 151., and payable three months after date. These [577] bills were payable to the plaintiff or his order. They were inclosed in a letter addressed and sent by the plaintiff to the defendant, as follows:- "Birmingham, June 25th, 1856. "Dear Sir,-I sent you two dozen kitchen fenders on Monday last, and trust they are to hand ere this. I beg to inclose you two bills, one at three months, for 151., 1 C. B. (N. S.) 578. WIDDEES V. GOBTON 237 and one at two months, for 101., which please accept and return to me by first post, as I want to pay them away on Saturday morning. "GEOEGE GORTON." The plaintiff, in previous transactions between himself and the defendant, had taken bills from the defendant, accepted by the defendant's writing across the bills...
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South African Breweries Ltd v Ribeiro t/a
...61; 130 ER 842) it was held sufficient if the seller had the bills at the trial (see also Wzdders v Gorton [1857] 1 CBNS 576; 26 LJCP 165; 140 ER 236); but see now Davis v Reilly ([1898] 1 QB 1; 66 LJQB 844); In re A Debtor, ex parte the Debtor ([1908] 1 KB 344; 77 LJKB 409 (CA)); Benjamin ......
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South African Breweries Ltd v Ribeiro t/a
...61; 130 ER 842) it was held sufficient if the seller had the bills at the trial (see also Widders v Gorton [1857] 1 CBNS 576; 26 LJCP 165; 140 ER 236); but see now Davis v Reilly ([1898] 1 QB 1; 66 LJQB 844); In re A Debtor, ex parte the Debtor ([1908] 1 KB 344; 77 LJKB 409 (CA)); Benjamin ......