Reports of Cases Argued and Ruled at Nisi Prius, in the Court of Common Pleas; From the Sittings After Michaelmas Term, 59 Geo. III. 1818, to the ... Oxford Circuit, from the Lent Assizes 1818 T - Softcover

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1828 Excerpt: ...and when deposited in the hands of the defendants, it was invalid. Before the cheque was presented, the defendants were informed that there were no funds belonging to Burmester and Co. in the hands of the plaintiffs. But, notwithstanding this information, the defendants present the cheque; and, by a concealment of the real facts, obtain payment of it. The conduct of the defendants, therefore, amounts to a fraud upon the plaintiffs. Dallas, C. J.--The defendants are entirely free from any imputation of fraud: indeed, they stand in the situation of persons who have been duped out of their money by the conduct of the cus-1819. tomers of the plaintiffs. The plaintiffs, in their character of bankers, were the agents of Burmester and Co.; and when the cheque was presented to Morgan. them in that character, they paid it on the supposition either that they had funds in hand, or that if not, funds would afterwards be furnished. And supposing1 Burmester and Co. to have continued solvent, it must be presumed that the plaintiffs would have derived some benefit as resulting from the agency. At the same time considerable doubts exist in my mind as to the right of the defendants to retain the money. The plaintiffs are innocent parties: they were not privy to the accommodation transactions between Burmester and Co. and the defendants; neither were they made acquainted with the postdating of the cheques, nor with the result of the different communications between Burmester and Co. and the defendants. The question, then, which may alter the case, and which possibly may be involved in some doubt, is, whether the defendants, by demanding payment of the cheque, with a full knowledge that the plaintiffs had no funds in their hands, and under a consciousness of the probable insol...

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