A Treatise On the Law of Bills of Exchange And Promissory Notes

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The faid paper writing with the plaintiffs, and re- ceived the full amount from them, only deducting a difcount, at ^^ per cent, and delivered the fame to the fliid plaintiffs. That the fame was duly prefented for payment to Livefay and Co. Who refufed to pay it, of which Emett had due notice. That there >vas no fuch perfon as George Chapman, the fup- pofed OF THE REMEDY ON A BILL OR NOTE. 185 pofed payee of the faid paper writing, being merely fictitious ; that Emett gave no further or other a...uthority than as before fet forth, and knew no- thing of this tranfadion. That the plaintiffs had then no knowledge that the faid George Chapman was a fidlitious perfon, or of the circumftances under which the faid paper writing was drawn, accepted, and inaorfcd, but that the faid Thomas Jeffery had full knowledge of the whole of the faid tranfaclions.
In pronouncing the judgment of the Court of Common Pleas on this cafe. Lord Loughborough faid, the fpecial circumftances above ftated in the declaration, would, in his opinion, have been fuf- ficient to have intitled the plaintiff to recover, if the cafe ftated in the fpecial verdict had not, in two or three inftances, varied from them.


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