Wilkes v Hopkins, Nichols, and Francis Bishop
| Jurisdiction | England & Wales |
| Judgment Date | 27 May 1845 |
| Date | 27 May 1845 |
| Court | Court of Common Pleas |
English Reports Citation: 135 E.R. 732
IN THE COURT OF COMMON PLEAS.
732 WILKES V. HOPKINS 1C.-R7W. [737] wilkes v. hopkins, nichols, and francis bishop. May 27, 1845. In an action on a bill of exchange alleged to have been accepted by the defendants under the style and firm of A. & Co., an order was made by consent, to admit the handwriting of the acceptance.-The notice to admit was as follows:-" Bill of exchange for 1211. 10s. drawn by the plaintiff, upon and directed to the defendants as A. & Co., and accepted by B. for the defendants as A. and Co., payable, &c., and indorsed, &c.:"-Held, that this admission precluded the defendants from denying the authority of B. to bind the firm of A. & Co., by such acceptance, and was not a mere admission that he signed an acceptance purporting to bind that firm. Assumpsit. The first count of the declaration was a special count for not indemnifying the plaintiff in respect of a bill of exchange for 1211. 10s., drawn by him for the accommodation of the defendants, and directed to them as " The Newbridge Coal Company." The second count charged the defendants as the acceptors of a bill (being, in fact, the same), for 1211. 10s., drawn by the plaintiff and directed to the defendants by the style and firm of " The Newbridge Coal Company." The third charged them as the drawers of a bill for 621. 13s. directed to and accepted by one Francis Bishop. There was also a count for money lent. The defendants Hopkins and Nichols amongst other pleas, traversed the acceptance ind the drawing of the bills in the declaration mentioned, and pleaded non assumpsit to the count for money lent. Francis Bishop suffered judgment by default, and died before the trial. The cause was tried before Tindal, C. J., at the last summer assizes at Gloucester. It appeared that the defendants, HopMns, Nichols, and Francis Bishop, were jointly interested with William Bishop, Henry Bishop, Oliver James, Thomas Powell, and Thomas Atkinson, in a colliery in the Forest of Dean, the business of which was managed by William and Henry Bishop, by and under the name of " The Newbridge Coal Company." In order to sustain the counts upon the bills, the [738] plaintiff put in the bills, and then offered in evidence a summons and order (made by consent) to admit the drawing and acceptance, under the 20th rule of Hilary term, 4 W. 4. In the notice the two bills were thus described :- " 1. Bill of exchange drawn for the sum of 1211. 10s., by the plaintiff, upon and directed to [the above-named defendants as] the Newbridge Coal Company, Forest of Dean, Gloucestershire, and accepted by one Henry Bishop, for [the defendants as] the Newbridge Coal Company, payable at Messrs. Jones, Lloyd, & Co.'s, bankers, London, payable two months after date, and indorsed by plaintiff and William Russell Skey for Gloucestershire Banking Company. Date, 20 June, 1835. "2. Bill of exchange for 621. 13s., drawn by one William Bishop for [the defendants as] the Newbridge Coal Company, upon, and accepted by, the defendant Francis Bishop, and directed to him as a corn-merchant, Gloucester, payable at Spooner, Attwood, & Co.'s, bankers, London, two months after date, and indorsed by the said William Bishop for [the defendants as] the Newbridge Coal Company; also by one Henry Bishop and the plaintiff. Date, 12 August, 1835." On the part of the defendants Hopkins and Nichols, it was objected, that one of several partners in a mining concern has ,no implied authority, by law, to accept or draw bills on behalf of the concern, and that there was no evidence that Henry Bishop or William Bishop had any express authority so to bind their co-owners. For the plaintiff, it was insisted that the defendants were precluded, by the form of the admission above set out, from...
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