Page:The English Reports v1 1900.pdf/804

parish and ward aforesaid, according to the said usage and custom of merchants, made their certain other bill of exchange in writing, the hand of one of them, on their joint account, and in their said copartnership name and firm of 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 requested 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 the said Hughes and James Peter aver, that when the said last mentioned bill of exchange was so made as aforesaid, or at any [54] time afterwards, there was not any such person as John White, the supposed payee, named in the same bill of exchange; but that the same name was merely fictitious, to wit, at London aforesaid, in the parish and ward aforesaid; by reason whereof, the said sum of money, mentioned in the said last mentioned bill of exchange, became, and was payable to the bearer thereof, according to the effect and meaning of the said bill. And the said Hughes and James Peter aver, that they the said Hughes and James Peter afterwards, to wit, on the same day and year aforesaid, at London aforesaid, in the parish and ward aforesaid, in due form of law became, and were, and still continue the bearers and proprietors of the said last mentioned bill of exchange. 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 Gibson and Joseph Johnson, who then and there duly accepted the same, according to the usage and custom of merchants; by reason whereof, and according to the said usage and custom of merchants, they the said Thomas Gibson and Joseph Johnson then and there became and were 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 thereof; and being so liable, they the said Thomas Gibson and Joseph Johnson, 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 bill. And whereas also, before and at the time of the making and indorsing of the bill of exchange hereinafter mentioned, there was a certain partnership or house of certain persons using trade and commerce, as well in the names and firm of Livesey. Hargreave, and company, as in the name and firm of John White, to wit, at London aforesaid, in the parish and ward aforesaid. And whereas the said last mentioned persons, on the said 18th day of February, in the year of our Lord 1788 aforesaid, 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 one of the said last mentioned copartners, on their joint account, and in their copartnership name and firm of 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 the said Thomas Gibson and Joseph Johnson, three months after date, to pay them, the said last mentioned copartners, by the name of Mr. John White, or order, £721 5s. value received, with or without advice. And the said last mentioned copartners, afterwards, to wit, on the same day and year aforesaid, at London [55] aforesaid, in the parish and ward aforesaid, by a certain indorsement in writing, by them made upon the said last mentioned bill of exchange, according to the usage and custom of merchants, 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 as aforesaid, to the said Hughes and James Peter; which said last mentioned bill of exchange afterwards, to wit, 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,