ON FOREIGN BILLS *[This precedent may be the same as the last to the end, and then proceed with the following averment :]-And the said plaintiff, in fact, saith, that an usance mentioned in any bill of exchange, drawn at London and payable at Venice, is, and at the several times aforesaid was, three months CHANGE. from the date of the said bill, to wit, at, &c. (venue) aforesaid. OF EX in another the dura where bill a third charges [After stating the drawing of the bill, acceptance, delivery to payee, The like and his indorsement to G. H. proceed as follows:]-And the said plain- form, tiffs, in fact, say, that the said G. H. afterwards, to wit, on, &c. at, &c. averring caused the said bill, so accepted and indorsed as aforesaid, to be shown more fully and presented to the said defendant for payment thereof, and then and tion of an there required the said defendant to pay the said sum of money therein mentioned, according to the tenor and effect of the said bill, and of his the end (b) said acceptance thereof, and of the said indorsement so made thereon as Drawer aforesaid; but the said defendant, at the said time when the said bill was against so presented to him for payment thereof as aforesaid, or at any time what- acceptor, soever, did not pay to the said G. H. the said sum of money mentioned paid supra in the said bill, but then and there wholly refused so to do, and therein protest by wholly failed and made default; whereupon the said G. H. afterwards, to person, wit, on, &c. at, &c. duly caused the said bill of exchange, to be protested and drawfor the said non-payment thereof, according to the said custom; and after- er obliged wards, to wit, on, &c. at, &c. according to the said custom, certain per- the princito pay him sons residing, trading, and using commerce within this kingdom, to wit, pal moat, &c. by and under the name of Messrs. B. B. and Co. appeared before ney, and J. B. then being a notary public, duly and by lawful authority admitted (c). and sworn, dwelling in London, and being the same notary public by whom the said bill of exchange had been so protested, and according to the said custom, then and there declared before the said notary, that they would pay the said bill under the said protest, for honor and on account of the said plaintiffs, the drawers of the said bill, holding them the said drawers and the acceptors, their executors and administrators, and all others whom it might concern, always obliged unto them the said Messrs. B. B. and Co. for their reimbursement; and thereupon the said Messrs. B. B. and Co. then and there, according to the said declaration and the said custom, paid the said bill under the said protest as aforesaid, together with five shillings and three pence for the charges of the said protest (d), and afterwards, to wit, on, &c. at, &c. returned the said bill so protested to the said plaintiffs; and the said plaintiffs were then and there obliged to pay, and did pay to the said Messrs. B. B. and Co. for the said bill, and for the exchange and re-exchange of the money therein contained, and the charge of protest, commission, and other charges attending the nonpayment of the said bill, a large sum of money, to wit, the sum of -l. according to the said custom, of all which said premises the said defendant, afterwards, to wit, on, &c. at, &c. had notice; and by reason of the premises, and by force of the said custom, and by the law of merchants, the said defendant then and there became liable to pay to the said plain (b) As to this averment, ante, 167, n. (f). (c) See precedent, 1 Wentw 294, 295. (d) In an action on a bill where there are several indorsements, it is sufficient to state that the plaintiff paid the bill according to [*170] ON FOREIGN BILLS tiff the said sum of money so by him paid to the said Messrs. B. B. and Co. as aforesaid, to wit, the said sum ofl. to wit, at, &c. in, &c.; and being so liable, &c.-[Promise to pay on request, as ante, 151; add a CHANGE. count, omitting the statement of the payment, supra protest.] OF EX By indor вее against acceptor of bill at usance, in two parts, one ac cepted, the other For that whereas certain persons, to wit, Messrs. A. and B. heretofore, to wit, on, &c. in parts beyond the seas, to wit, at Memel, in the kingdom of Prussia, to wit, at London, according to the usage and custom of merchants, from time immemorial used and approved of, made their certain bill of exchange in writing, in divers, to wit, two parts, and then and there directed the said bill of exchange to the said defendant, and by the first part of the bill of exchange, then and there requested the said defendant, indorsed. at one usance, (that is to say, at one month after the date thereof (e),) to pay that their first of exchange to the order of themselves, 1007. sterling value, with them, and by the second part of the said bill of exchange, then and there requested the said defendant, at one usance, that is to say, at one month after the date thereof, to pay that their second of exchange (the first not being paid), to the order of themselves, 1007. sterling value, with them, which said first part of the said bill of exchange, the said defendant, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, upon sight thereof, accepted, according to the usage and custom of merchants. And the said Messrs. A. and B. afterwards, to wit, on, &c. (f) aforesaid, at, &c. aforesaid, according to the said usage and custom of merchants, indorsed the said second part of the said bill of exchange, and by that indorsement then and there ordered and appointed the said sum of money in the said bill of exchange specified, to be paid to the said plaintiff, for val[*171] ue in account, and then and there delivered the said second part of the said bill of exchange so indorsed, and the said first part of the said bill of exchange so accepted as aforesaid, to the said plaintiff; whereof the said defendant, afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, had notice; by means whereof, and according to the said usage and custom of merchants, he the said defendant, then and there became liable to pay to the said plaintiff the said sum of money in the said bill of exchange specified, according to the tenor and effect of the same bill, and his said acceptance thereof, and being so liable, he, the said defendant, in consideration thereof, afterwards, to wit, on the day and year first aforesaid, at, &c. aforesaid, undertook, and then and there faithfully promised the said plaintiff to pay him the said sum of money in the said bill of exchange specified, according to the tenor and effect of the same bill, and his said acceptance thereof.-[A count may be added, not stating that the bill was drawn in sets.] Special indorsement in And the said Messrs. E. F. and Co. to whom, or to whose order the payment of the said sum of money in the said bill of exchange specified, was to be made, afterwards, and before the payment of the said sum of money in the said bill of exchange specified, to wit, on (h), &c. in parts ing time beyond the seas, to wit, at Memel, that is to say, at London aforesaid, ac full of one part of a bill, stat and place (g). (e) See next precedent. (f) The date of the indorsement, which, in case of foreign bills, frequently varies from the date of the bill. (g) As to this form, see Bayley on Bills, 180.-Chitty on Bills, 7th edit. 507. n. (i). (h) Supra, note (a). cording to the usage and custom of merchants, indorsed the said second part of the said bill of exchange, by which said indorsement they the said Messrs. E. F. and Co. then and there ordered and appointed the said sum of money in the said bill of exchange specified, to be paid to the order of Messrs. G. H. and Co. value in account, and then and there delivered the same second part of the said bill of exchange so indorsed, and the said first part of the said bill of exchange so accepted as aforesaid, to the said Messrs. G. H. and Co. ON FOREIGN BILLS OF EX CHANGE. indorsee on refusal For that whereas the said E. F. heretofore, to wit, &c. in parts beyond Payee or the seas, to wit, at Jamaica, that is to say, at London, according to the against usage and custom of merchants, from time immemorial used and approved drawer or of, made his certain bill of exchange in writing, bearing date the day and indorser, year aforesaid, and then and there directed the said bill of exchange to G. of drawee H. (by the name and addition of Mr. G. H. merchant, London), by to accept, which said bill of exchange the said E. F. then and there requested the stating said G. H. two months after the date of that his the said E. F.'s second protest. bill of exchange, first and third, of the same tenor and date, not paid, to pay to I. K. (by the name and addition of Mr. I. K. of Liverpool, merchant), or order, the sum of ―l. value received, and then and there delivered the said bill of exchange to the said I. K.; and the said I. K. &c. -[State indorsement to plaintiff as ante, 152;] and the said plaintiff avers that afterwards, and before the payment of the said sum of money in the said bill of exchange specified, to wit, on (i), &c. to wit, at, &c. (k), that is to say, at, &c. aforesaid, the said bill of exchange was presented and shown to the said G. H. for his acceptance thereof, according to the said usage and custom of merchants; and the said G. H. then and there had sight of the said bill of exchange, and was then and there requested to accept the same, but that the said G. H. did not, nor would, at the said time when the said bill of exchange was so presented and shown to him, for his acceptance thereof as aforesaid, or at any time before or afterwards, accept the same, or pay the said sum of money therein specified, or any part thereof, but wholly neglected and refused so to do, nor did, nor would he then, or at any other time, accept or pay the said first and third of ex- [*173] change in the said bill of exchange mentioned, or either of them, but therein wholly failed and made default; whereupon the said bill of exchange, afterwards, to wit, on, &c. last aforesaid (1), to wit, at, &c. aforesaid, was duly protested for non-acceptance thereof, according to the said usage and custom of merchants; of all which said several premises the said defendant afterwards, to wit, on &c. last aforesaid, at, &c. aforesaid, had notice; by means whereof, &c.-[State defendant's liability, and promise to pay on request, as ante, 151; and if defendant had no effects in hands of drawee, add a count stating that fact, as ante, 157.] [State the drawing of the bill on G. H. delivery to payee, his indorse- Second ment to defendant, his indorsement to plaintiff and the latter's indorse- indorsee ment to another party, A. B. and then state presentment for acceptance, first indor (i) The day of presentment, and date of the protest for non-acceptance. (k) The place where the bill was addressed. (1) Date of protest for non-acceptance. against ON BILLS OF for non acceptance by drawee, re-ex &c. as follows:]—And the said plaintiff in fact saith, that afterwards, and before the payment of the said sum of money in the said bill of exchange mentioned, or any part thereof, to wit, on, &c. at, Cadiz aforesaid, to wit, CHANGE. at, &c. aforesaid, the said bill of exchange so indorsed as aforesaid, was ser of a bill presented and shown to the said G. H. for his acceptance thereof, accordprotested ing to the usage and custom of merchants; and the said G. H. was then and there requested to accept the same, but that the said G. H. did not nor would, at the said time when the said bill of exchange was so presented and shown to him for his acceptance thereof as aforesaid, or at any and plain- time afterwards, accept the same, or pay the said sum of money therein tiff having been obli- specified; or any part thereof, but wholly neglected and refused so to do; ged to pay and thereupon the said A. B. afterwards, to wit, on, &c. last aforesaid, at principal, Cadiz aforesaid, to wit, at, &c. aforesaid, caused the said bill of exchange. change, to be duly protested for non-acceptance thereof, according to the said usage and custom of merchants; by means of which said several premises, and according to the said usage and custom of merchants, he the said plaintiff, afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, as such indorser of the said bill of exchange as aforesaid, was called upon, and forced and obliged to pay, and did then and there necessarily pay to the said A. B. the said sum of money in the said bill of exchange specified, together [*174] with re-exchange, interest, and charges *thereon, amounting in the whole to a large sum of money, to wit, the sum ofl. of lawful money of Great Britain; of all which said several premises the said defendant afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, had notice; by means whereof, and according to the said usage and custom of merchants, he the said defendant then and there became liable to pay to the said plaintiff the said last-mentioned sum of money, when he the said defendant should be thereunto afterwards requested, and being so liable, &c. [State premises, as ante, 151.] interest, and char ges, to a remote in dorsee. Payee or indorsee against indorser, on refusal For that whereas the said E. F. heretofore, to wit, on, &c. in parts beyond the seas, to wit, at Jamaica, that is to say, at London, according to drawer or the usage and custom of merchants, from time immemorial used and approved of, made his certain bill of exchange in writing bearing date the of accept day and year aforesaid, and then and there directed the said bill of exor to pay. change to G. H. (by the name and addition of Mr. G. H. merchant, London,) by which said bill of exchange he the said E. F. then and there requested the said G. H. two months after the date of that his second of exchange, first and third of the same tenor and date not paid, to pay to I. K. (by the name and addition of Mr. I. K. of Liverpool, merchant,) or order, the sum of -l. value received, and then and there delivered the said bill of exchange to the said I. K. which said bill of exchange the said G. H. afterwards, to wit, on, &c. at, &c. aforesaid, upon sight thereof, accepted, according to the said usage and custom of merchants; and the said I. K. &c.-[State indorsement, as ante, 152.] And the said plaintiff in fact says, that afterwards, when the said bill of exchange became due and payable, according to the tenor and effect thereof, to wit, on, &c. at, &c. aforesaid, to wit, at London aforesaid, the said bill of exchange so accepted and indorsed as aforesaid, was presented and shown to the said G. H. for payment thereof, according to the said usage and custom of merchants, ON BILLS OF EX CHANGE. [*175] and the said G. H. then and there had notice of the said indorsement so made thereon as aforesaid, and was then and there requested to pay the FOREIGN said sum of money therein specified, according to the tenor and effect of the said bill of exchange, and of his said acceptance thereof, and of the said indorsement so made thereon as aforesaid, but that the said *G. H. did not, nor would, at the said time when the said bill of exchange was so presented and shown to him for payment thereof as aforesaid, or at any time before or afterwards, pay the said sum of money in the said bill of exchange specified, or any part thereof, but wholly neglected and refused so to do, nor did he pay the said first and third of exchange, in the said bill of exchange mentioned, or either of them, but therein wholly failed and made default; and thereupon afterwards, to wit, on, &c. (m) last aforesaid, at, &c. aforesaid, the said bill of exchange was duly protested for nonpayment thereof, according to the usage and custom of merchants; of all which said several premises the said defendant afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, had notice; by means whereof, &c.[State liability, and promise of defendant, as ante, 151.] on a bill non-ac non-pay ment. [State the drawing the bill to the order of the plaintiff, payee, as ante, Payee 172, and then proceed as follows:]-And the said plaintiff further saith, against drawer, that the said bill of exchange, being wholly unaccepted and unpaid, he the said plaintiff afterwards, to wit, on, &c. at Rouen aforesaid, to wit, protested at, &c. aforesaid, caused the said bill of exchange to be presented and abroad for shown to the said Messrs. E. F. and Co. for their acceptance thereof, ac- ceptance, cording to the said usage and custom of merchants; and the said Messrs. as well as E. F. and Co. were then and there requested to accept the same, but that the said Messrs. E. F. and Co. then and there wholly neglected and refused so to do, and thereupon afterwards, to wit, on &c. last aforesaid, at Rouen aforesaid, to wit, at, &c. aforesaid, the said bill of exchange was duly protested for non-acceptance thereof, according to the said usage and custom of merchants; whereof the said defendant, afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, had notice; and the said plaintiff in fact further saith, that the said bill of exchange being still wholly unaccepted and unpaid, he the said plaintiff, afterwards, to wit, on, &c. to wit, at Rouen aforesaid, that is to say, at, &c. aforesaid, caused the said bill of exchange to be presented and shown to the said Messrs. E. F. and Co. for payment thereof, according to the said usage and custom of merchants; and, the said Messrs. E. F. and Co. were then and there requested to pay the said sum of money *therein specified, according to the tenor and effect thereof, but the said Messrs. E. F. and Co. then and there wholly neglected and refused to pay the same; and thereupon the said bill of exchange was afterwards, to wit, on the day and year last aforesaid, at Rouen aforesaid, to wit, at, &c. aforesaid, duly protested for non-payment thereof, according to the said usage and custom of merchants, whereof the said defendant, afterwards, to wit, on the day and year last aforesaid, to wit, at, &c. aforesaid, had notice; by reason whereof, and also by the said usage and custom of merchants, the said defendant then and there became liable, &c.-[State liability, and promise to pay on request, as ante, 151.] (m) Date of protest, being same day as presentment for payment. [*176] |