1. If a plaintiff sue out writs into two
counties, and arrest the defendant in
both, who gives bail in both, the de-
fendant does not thereby obtain the
right of electing in which county the
bail shall stand.
2. But the bail first given continue liable.
Bullock v. Morris.
ib.
3. If a plaintiff, after judgment obtained,
proves his debt under a commission of
bankrupt sued out against the defend-
ant, and also proceeds against the bail,
the bail are thereby entitled to their
discharge under 49 G. 3. c. 121. s. 14.
Linging v. Comyn.
246
4. And the Court will discharge them
on motion.
1. A trader who has no settled home, or
counting-house, but takes up a tem-
porary abode at a public-house in the
place to which his business carries
him, commits an act of bankruptcy,
by departing from such public-house
with intent to delay his creditors.
Holroyd and Others, Assignees of Lee,
v. Gwynne.
Page 176
2. The purchase of one lot of timber
with intent to sell again, will make a
man a trader.
ib.
3. If a trader keeps house, and causes
himself to be denied to a tax-gatherer
who calls for the taxes, it is an act of
bankruptcy. Jeffs v. Smith. 401
3. If a creditor hath both proved his
debt under a commission of bankrupt,
and commenced an action against the
bankrupt, before the passing of the
stat. 49 G. 3. c. 121. s. 14. that act
does not compel him to relinquish his
áction. Atherstone v. Huddleston.
Page 181
2. If a declaration alleges a bill to be
accepted, payable at the house of cer-
tain persons at a particular place, it
must also aver, that the bill was pre-
sented for payment at that place, and
not to those persons generally. Am-
brose v. Hopwood.
But see Huffam v. Ellis, Dom. Proc.
Mich. term, 1811, post. vol. iii.
3. If the drawee of a bill goes abroad,
leaving an agent here in England,
with power to accept bills, who ac-
cepts this for him, the bill, when due,
must be presented to the agent for
payment, if the drawee continues ab-
sent. Philips v. Astling.
4. Upon non-payment of a bill, notice
thereof, given by an indorser living in
Holborn, to an indorser living at
Islington, by nine on the night of the
day following the day on which the
first indorser knew it, is reasonable
notice. Jameson v. Swinton.
5. No debt accrues on a note payable
224
after sight, until it is presented for
payment.
Holmes v. Kerrison.
6. Therefore the statute of limitations is
323
no bar to such a note, unless it has
VOL. II.
been presented for payment six years
before the action commenced.
7. By the practice of the London bank-
ers, if one banker, who holds a check
drawn on another banker, presents it
after four o'clock, it is not then paid,
but a mark is put on it, to shew that
the drawer has assets, and that it will
be paid; and checks so marked have
a priority, and are exchanged or paid
next day at noon, at the clearing-
house: held that a check presented
after four, and so marked, and carried
to the clearing-house next day, but
not paid, no clerk from the drawee's
house attending, need not be presented
for payment at the banking house of
the drawee. Robson and Waugh v.
Bennet and Another.
8. Such a marking under this practice
388
amounts to an acceptance, payable
next day at the clearing-house. ib.
9. It is not necessary to present for pay-
ment a check payable on demand, till
the day following the day on which
it is given.
10. A person receiving a check on
a banker is equally authorized, in
lodging it with his own banker, to ob-
tain payment, as he would be in pay-
ing it away in the course of trade. ib.
11. Although, in consequence thereof,
the notice of its dishonour is post-
poned a day, one day being allowed,
for notice from the payee to the draw-
er, after the day on which notice is
given by the bankers to the payee.
1. An erroneous date to a bill of parti-
culars will not preclude the plaintiff's
demand, where the date cannot mis-
2. If the plaintiff recovers a greater sum
lead. Milwood v. Walter.'
than he claims by his particular, and
upon discussion the Court sanctions
the principle on which he recovers,
and judgment is entered up accord-
ingly, no objection having been made
2 E
DAMAGES, MEASURE OF.
1. On a bond conditioned for replacing
stock, the obligee is not entitled to
special damages for a profit he might
have made if it had been sooner re-
placed, unless he shews that he ac-
tually would have made it. Page 257
2. On a failure to replace stock, the
measure of damages is the price at
the day when it ought to have been
replaced, or the price at the day of
the trial, at the option of the plain-
tiff.
3. But not the highest price at any in-
termediate day. Semble.
ib.
4. The plaintiff gave a bond conditioned
to replace 5 per cent. stock on a given
day. After that day government gave
the holders of that stock an option to
be paid off at par, or to commute their
stock for 3 per cents. The plaintiff
expressed to the defendant a wish to
have the stock replaced, that he might
be paid at par, but no wish to take
3 per cent, stock. Held that he was
not entitled to recover the price of so
much 3 per cent. stock as he might
have obtained in exchange for the
5 per cents. M'Arthur v. Lord Sea-
forth.
ib.
1. In an action for money had and re-
ceived, if the defendant shews a deed
of assignment of the money to him-
self, and a receipt for the considera-
tion-money indorsed, it is a good dis-
charge, though there are pregnant evi-
dences of suspicion that the consider-
2. If there has been an imposition in
obtaining the deed, the only relief is
in equity.
ib.
DEMAND WHERE NECESSARY.
See LIMITATION OF ACTIONS, 1, 2.
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