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William Day v Stuart

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 July 1829
Date01 July 1829
CourtCourt of Common Pleas

English Reports Citation: 130 E.R. 1221

IN THE COURT OF COMMON PLEAS, AND OTHER COURTS

William Day
and
Stuart

S. C. 3 M. & P. 334.

[109] william day v. stuart. July 1, 1829. [S. C. 3 M. & P. 334.] A bill void under the stock-jobbing act is available in the hands of a bona Ada holder without notice. Assumpsit by the holder against the Defendant, as the drawer and indorser of a bill of exchange for 3111. 17s. 6d. At the trial before Tindal C. J., London sittings in this term, the Plaintiff having called a witness to prove that the bill was indorsed to him for value, the defence set up was, that this bill had been given by the acceptor to the drawer for the amount of differences in time bargains in the public funds, contrary to the form of the stockjobbing acts; and that the Plaintiff, through his uncle James Day, from whom he had taken the bill, was privy to this illegality. Of this, however, there was no clear evidence. An entry for the amount of the bill in the acceptor's book was read in evidence, and was as follows:-"To differences in consols 3111. 17s. 6d." And a witness was called, who said, differences might mean differences in point of time. The Chiei Justice told the jury that differences might have a legal meaning, and that they were to determine whether the parties meant differences in point of time, on differences between stock bought and atock sold. The jury having found for the Plaintiff, Taddy Serjt. moved to set aaide the verdict, on the ground that the entry in the acceptor's book was sufficient to shew that the bill was given for time differences; and if so, was absolutely void. [Tindal C. J. Supposing the fact to have been so, it was not shewn that the holder had any notice 1222 ADAMS V. BATESON 6 BINO. 110. ol it; and...

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