Page:The English Reports v1 1900.pdf/803

and thereby requested them the said Thomas Gibson and Joseph Johnson, three months after date, to pay to Mr. John White, or order, £721 5s. value received, with or without advice; and then and there delivered the said bill of exchange to the said John White; and the said John White afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, according to the usage and custom of merchants, indorsed the said bill of exchange; and by that indorsement, appointed the said sum of money, in the said last mentioned bill of exchange contained, to be paid to the said Hughes and James Peter, and then and there delivered the said last mentioned bill of exchange, so indorsed, to the said Hughes and James Peter which said bill of exchange afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, according to the usage and custom of merchants, was shewn and presented to the said Thomas Gibson and Joseph Johnson, for their acceptance thereof; and the said Thomas Gibson and Joseph Johnson, then and there, according to the usage and custom of merchants, accepted the same by reason whereof, and by force of the usage and custom of merchants, the said Thomas Gibson and Joseph Johnson became liable to pay to the said Hughes and James Peter, the said sum of money, in the said last mentioned bill of exchange contained, according to the tenor and effect of the said last mentioned bill of exchange, and their acceptance thereof, as last aforesaid. And being so liable, they the said Thomas Gibson and Joseph Johnson, afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, undertook, and to the said Hughes and James Peter, then and there faithfully promised to pay them the said sum of money, in the said last mentioned bill of exchange contained, according to the tenor and effect of the said last mentioned bill of exchange, and their acceptance thereof, as aforesaid. And whereas also, the said persons using trade and commerce as copartners, in the copartnership name and firm of Livesey, Hargreave, and company, on the said 18th day of February, in the said year of our Lord 1788, at Manchester, to wit, at London aforesaid, in the parish and ward aforesaid, according to the usage and custom of merchants, made their certain other bill of exchange, in writing, the hand of [53] one of the said copartners, on their joint account, and in the said copartnership name and firm, to wit, Livesey, Hargreave, and company, being thereunto subscribed, bearing date the same day and year aforesaid, and then and there directed the said last mentioned bill of exchange to the said Thomas Gibson and Joseph Johnson, by the names and description of Messrs. Gibson and Johnson, bankers, London; and thereby required them, the said Thomas Gibson and Joseph Johnson, three months after date, to pay to the bearer of the said last mentioned bill, £721 5s. value received, with or without advice; and the said Hughes and James Peter in fact say, that afterwards, and before any payment of the said last mentioned bill of exchange, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, they the said Hughes and James Peter became, and were the bearers and owners of the said last mentioned bill of exchange, of which last mentioned premises the said Thomas and Joseph then and there had notice. And the said Hughes and James Peter further say, that afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, the said last mentioned bill of exchange was presented and shewn to the said Thomas and Joseph, who thereupon then and there duly accepted the same, according to the usage and custom of merchants aforesaid; by reason whereof, and according to the usage and custom of merchants, the said Thomas and Joseph became liable to pay to the said Hughes and James Peter, the said sum of money in the said last mentioned bill of exchange specified, according to the tenor and effect of the same bill. And being so liable, they the said Thomas and Joseph, in consideration thereof, afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, undertook, and to the said Hughes and James Peter then and there faithfully promised to pay them the said sum of money in the said last mentioned bill of exchange specified, according to the tenor and effect of the same last mentioned bill of exchange. And whereas also, the said persons using trade and commerce, as copartners, in the copartnership name and firm of Livesey, Hargreave, and company, on the said 18th day of February, in the said year of our Lord 1788, at Manchester, to wit, at London aforesaid, in the