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![handle is hein.slavery/ssactsengr0064 and id is 1 raw text is: BULKELEY V. BUTLER
defendants, for it sbews that the Legislature thought it extremely improper for
bankers or others to negotiate bills (amongst other securities) entrusted to their care.
I do not mean to say that the bankers in this case incurred any of the penalties imposed
by that Act ; it is unnecessary to decide that point here ; but I would by no means
advise persons in their situation to take it for granted that they may with impunity
act in the same manner.
Postea to the plaintiffs.
BULKELEY AND OTHERS against BUTLER. (In Error.) 1824. In an action by the
indorsee, against the acceptor of a bill of exchange, whereof E. S. was the payee,
the plaintiff proved that a person calling himself E. S. came to C., having in his
possession the bill in question, and also a letter of introduction, (proved to be
genuine,) which was expressed to be given to a person introduced to the writer as
E. S. and also another bill of exchange, drawn by the writer of that letter. The
bearer of these documents, after remaining ten days at C., during which time he
daily visited the plaintiff, indorsed to him the bill in question and received value
for it, and also a letter of credit. Held that this was evidence of the identity of
this person with E. S. the payee of the bill, &c. in the absence of any evidence in
answer, sufficient to justify a verdict for the plaintiff.
[S. C. 3 D. & R. 625.]
Assumpsit by the first indorsee against the acceptors of a foreign bill of
exchange, drawn by J. Bulkeley and Son, dated Lisbon, August 6th, 1816, upon the
defendants in London, payable to the order of Edmund Shanahan, and by him
indorsed to the plaintiffs. Plea, general issue. At the trial before Dallas C. J. of the
Common Pleas, at the London sittings after Trinity term, 1821, the defendants con-
tended, that there was not any evidence to shew that the bill was indorsed by E. S.,
the payee. The Lord Chief Justice thought that there was evidence fit for the con-
sideration of the jury, whereupon the defendants tendered, a bill of exceptions. The
jury found a verdict for the plaintiff below. The [435] record, when brought into this
Court by writ of error, after setting out the pleadings and continuances, stated, that
on a certain day the cause came on to be tried, and that one W. Barron was produced
and examined as a witness for the plaintiff, and stated, that in the month of August,
1816, he was a clerk in the house of the plaintiff at Cadiz. That on the 10th of
August in the same year, a person calling himself Edmund Shanahan, came to the
plaintiff's house at Cadiz, and produced a letter of recommendation (which was then
produced by the witness, and read for the plaintiff) in consequence of which the
plaintiff received and entertained him. The letter was as follows: Lisbon, 29th
July, 1818. Sir, this will be handed to you by Edmund Shanahan, Esq. who in his
travels through Spain on commercial pursuits, will pass some days at your city. This
gentleman has been introduced to us by a very particular friend, and we take the
liberty to recommend him to you, and to request that you give him every necessary
information to guide his operations, &c. Signed, M'Donnell, Brothers, and Co.
The witness further stated, that he knew M'Donnell and Co., and that the letter was
their hand-writing. On cross-examination, he said that he knew the said E. S. then
(when he presented the letter) but not before. Being further examined in chief, the
bill declared upon being shewn to him, he said that he first saw it produced by the
person calling himself E. S., who had been in Cadiz from the 10th to the 19th of
August, that he had seen him during that period ten or twelve times, and dined with
him at the plaintiff's house every day between the said 10th and 19th of August ; that
on the 19th of August the person calling himself E. S. produced the bill, and said that
he had come from Ireland with goods which he had sold in [436] Lisbon, and the
produce of them he had brought in bills, which he then requested the plaintiff to
forward for acceptance, and that he should probably require some of the money on
that day ; the said person, calling himself E. S., left the said bill unindorsed, together
with others, with the plaintiff, on the 19th of August, and returned again on the 20th,
and then asked the plaintiff to negotiate the said bill on his own account, and that he
should require the money at Gibraltar; that the said person calling himself E. S.
indorsed the bill and gave it to the plaintiff, who advanced to him a sum of money
exceeding the amount of the bill, and also gave him a letter of credit on Gibraltar.
2 B. & C. 0.](ViewImageLocal?handle=hein.slavery/ssactsengr0064&div=1&collection=&method=preview&ext=.png&size=3)