-, in the year of our Lord on the Commencement as ante, 13.] For that whereas one J. K., day of [date of the bill], made his bill of exchange in writing, and directed the same to one O. P., and thereby required the said O. P. to pay to the order of the said J. K. £days ["weeks," or " months,"] after the date [or "sight"] thereof, and the said O. P. then accepted [or, if payable after sight, "saw and accepted"] the same payable at [as in the bill], and the said period had elapsed before the commencement of this suit, and the said J. K. then indorsed the same to the defendant, and the defendant then indorsed the same to the plaintiff, [or" and the said J. K. then indorsed the same to one X. Y., and the said X. Y. then indorsed the same to the defendant, and the defendant then indorsed the same to the plaintiff," according to the fact,] and the said O. P. did not, nor did any other person or persons, pay the said bill, although the same was duly presented at [the place mentioned in the bill] aforesaid for payment on the day when it became due, of which the defendant then had notice, and in consideration of the premises then promised the plaintiff to pay him the amount of the said bill on request. [Conclude as ante, 36. INDORSEE AGAINST INDORSER, NOT BEING DRAWER. The like, payable at a par ticular place. The mode of stating a partial indorsement of a bill will be the same as Partial indorsethat on a promissory note, ante, 86, 87. Commencement as ante, 18.] For that whereas one J. K., on the day of —, in the year our Lord days [date of the bill], made his bill of exchange in writing, and directed the same to one O. P., and thereby required the said O. P. to pay to the order of the said J. K. £["weeks," or " months,"] after the date [or "sight"] thereof, [and if payable after sight add," and the said O. P. then saw and accepted the same,"] and which period had elapsed before the commencement of this suit, and the said O. P. then indorsed the same to the defendant, and the defendant then, and in the life-time of the said E. F., indorsed the same to the plaintiff and the said E. F., since deceased, [or "and the said O. P. then indorsed the same to one X. Y., and the said X. Y. then indorsed the same to the defendant, and the defendant then, and in the life-time of the said E. F., indorsed the same to the plaintiff and the said E. F., since deceased;] and the said O. P. did not pay the said bill, although the same was duly presented to him for payment on the day when it became due, of which the defendant then had notice, and in consideration of the premises then, and in the life-time of the said E. F., promised the plaintiff and the said E. F. to pay them the amount of the said bill on request. [Conclude as ante, 66. ment. day Indorsee against dorser, not Commencement as ante, 19.] For that whereas one J. K., on the of, in the year of our Lord [date of the bill], made his bill of ex- surviving inchange in writing, and directed the same to one O. P., and thereby required the said O. P. to pay to the order of the said J. K. £· days ["weeks," or "months,"] after the date [or "sight"] thereof, [and if payable after sight add, "and the said O. P. then saw and accepted the same,"] and which period had elapsed before the commencement of this suit, and the said J. K. then, and in the life-time of the said E. F., indorsed the same to the defendant and the said E. F., since deceased, and the defendant and the said E. F., since deceased, then indorsed the same to the plaintiff, [or " and the said J. K. then indorsed the same to one X. Y., and the said X. Y. then, and being drawer. INDORSEE AGAINST INDORSER, NOT BEING DRAWER. Husband and wife, on bill indorsed to the wife before marriage, against indorser, not being drawer. Indorsee against husband and wife, on default in the life-time of the said E. F., since deceased, indorsed the same to the defendant and the said E. F., since deceased, and the defendant and the said E. F., since deceased, then indorsed the same to the plaintiff;"] and the said O. P. did not pay the said bill, although the same was duly presented to him for payment on the day when it became due, of which the defendant and the said E. F., since deceased, then had notice, and in consideration of the premises then promised the plaintiff to pay him the amount of the said bill on request. [Conclude as ante, 68. of Commencement as ante, 19.] For that whereas one J. K., on the -day in the of year our Lord [date of the bill], made his bill of exchange in writing, and directed the same to one O. P., and thereby required the said O. P. to pay to the order of the said J. K. £ days ["weeks," or "months,"] after the date [or "sight"] thereof, [and if payable after sight, add "and the said O. P. then saw and accepted the same,"] and which period had elapsed before the commencement of this suit, and the said J. K. then indorsed the same to the defendant, and the defendant then, and whilst the said C. was sole and unmarried, indorsed the same to the said C., [or "and the said J. K. then indorsed the same to one X. Y., and the said X. Y. then indorsed the same to the defendant, and the defendant then, and whilst the said C. was sole and unmarried, indorsed the same to the said C. ;"] and the said O. P. did not pay the said bill, although the same was duly presented to him on the day when it became due, of which the defendant then had notice, and in consideration of the premises then, and whilst the said C. was sole and unmarried, promised the said C. to pay her the amount of the said bill on request. [Conclude as ante, 69. day Commencement as ante, 19.] For that whereas one J. K., on the of —, in the of our Lord year [date of the bill], made his bill of of payment of a exchange in writing, and directed the same to one O. P., and thereby rebill indorsed by the wife before quired the said O. P. to pay to the order of the said J. K. £days marriage, she ["weeks," or "months,"] after the date [or "sight"] thereof, [and if paynot being the able after sight add," and the said O. P. then saw and accepted the same,"] drawer. and which period had elapsed before the commencement of this suit, and the said J. K. then, and whilst the said E. was sole and unmarried, indorsed the same to the said E., and the said E. then, and whilst she was sole and unmarried, indorsed the same to the plaintiff, [or "and the said J. K. then indorsed the same to one X. Y., and the said X. Y. then, and whilst the said E. was sole and unmarried, indorsed the same to the said E., and the said E. then, and whilst she was sole and unmarried, indorsed the same to the plaintiff;"] and the said O. P. did not pay the said bill, although the same was duly presented to him on the day when it became due, of which the said E. then, and whilst she was sole and unmarried, had notice, and in consideration of the premises then, and whilst she was sole and unmarried, promised the plaintiff to pay him the amount of the said bill on request. [Conclude as ante, 69. Executor or administrator of indorsee against indorser. Commencement as ante, 20 or 22.] For that whereas one J. K., on the --day of in the of our Lord year [date of the bill], made his bill of exchange in writing, and directed the same to one O. P., and thereby re quired the said O. P. to pay to the order of the said J. K. £—, days ["weeks," or "months,"] after the date [or "sight"] thereof, [and if payable after sight add, "and the said O. P. then saw and accepted the same,”] and which period had elapsed before the commencement of this suit, and the said J. K. then indorsed the same to the defendant, and the defendant then, and in the life-time of the said E. F., indorsed the same to the said E. F., [or" and the said J. K. then indorsed the same to one X. Y., and the said X. Y. then indorsed the same to the defendant, and the defendant then, and in the life-time of the said E. F., indorsed the same to the said E. F.,"] and the said O. P. did not pay the said bill, although the same was presented to him for payment on the day when it became due, of which the defendant then had notice, and in consideration of the premises then, and in the lifetime of the said E. F., promised the said E. F. to pay him the amount of the said bill on request. [Conclude as ante, 73 or 77. For that whereas one J. K., on the INDORSEE AGAINST INDORSER, NOT BEING DRAWER. The like, where after death. Commencement as ante, 20 or 22.] day of —, in the year of our Lord · [date of the bill], made his bill of bill became due exchange in writing, and directed the same to one O. P., and thereby required the said O. P. to pay to the order of the said J. K. £——, days ["weeks," or "months,"] after the date [or "sight"] thereof, and the said O. P. then accepted, [or, if payable after sight, "saw and accepted"] the same, and which period had elapsed before the commencement of this suit, and the said J. K. then indorsed the same to the defendant, and the defendant then, and in the life-time of the said E. F., indorsed the same to the said E. F. [or, "and the said J. K. then indorsed the same to one X. Y., and the said X. Y. then indorsed the same to the defendant, and the defendant then, and in the life-time of the said E. F., indorsed the same to the said E. F."] And the plaintiff avers that the said E. F. died before the said bill became due, and that the said O. P. did not pay the said bill, although the same was duly presented to him for payment on the day when the same became due, of which the defendant then had notice, and in consideration of the premises then promised the plaintiff, as such executor [or "administrator"] as aforesaid, to pay him the amount of the said bill on request. [Conclude as ante, 73 or 77. Indorsee against executor or administrator of Commencement as ante, 20 or 22.] For that whereas one J. K., on the day of ——, in the year of our Lord [date of the bill], made his bill of exchange in writing, and directed the same to one O. P., and thereby re- indorser. quired the said O. P. to pay to the order of the said J. K. £—, days ["weeks," or "months,"] after the date [or "sight"] thereof, [and if payable after sight, add " and the said O. P. then saw and accepted the same,"] and which period had elapsed before the commencement of this suit, and the said J. K. then, and in the life-time of the said E. F., indorsed the same to the said E. F., and the said E. F. then indorsed the same to the plaintiff, [or, "and the said J. K. indorsed the same to one X. Y., and the said X. Y. then, and in the life-time of the said E. F., indorsed the same to the said E. F., and the said E. F. then indorsed the same to the plaintiff,"] and the said O. P. did not pay the said bill, although the same was presented to him for payment on the day when it became due, of which the said E. F. then and in his life-time had due notice, and in consideration of the premises INDORSEE AGAINST INDORSER, NOT BEING DRAWER. Executor or administrator then promised the plaintiff to pay him the amount of the said bill on request. [Conclude as ante, 75 or 79. Commencement as ante, 21 or 22.] For that whereas one J. K., on the day of, in the year of our Lord [date of the bill], made his bill of exchange in writing, and directed the same to one O. P., and thereby reagainst executor quired the said O. P. to pay to the order of the said J. K., £days of indorsee or administrator of indorser. By indorsee of executor or administrator. Assignees of in dorsee, a bank ["weeks," or "months,"] after the date [or "sight"] thereof, [and if payable after sight, add “and the said O. P. then saw and accepted the same,”] and which period had elapsed before the commencement of this suit, and the said J. K. then, and in the life-time of the said G. H., indorsed the same to the said G. H., and the said G. H. then, and in the life-time of the said E. F., indorsed the same to the said E. F., [or," and the said J. K. then indorsed the same to one X. Y., and the said X. Y. then, and in the life-time of the said G. H., indorsed the same to the said G. H., and the said G. H. then, and in the life-time of the said E. F., indorsed the same to the said E. F."]; and the said O. P. did not pay the said bill, although the same was duly presented to him for payment on the day when it became due, of which the said G. H. then and in his life-time had due notice, and in consideration of the premises then, and in the life-time of the said E. F., promised the said E. F. to pay him the amount of the said bill on request. [Add breach as ante, 75, and conclude to the damage of the plaintiff as executor or administrator, and add profert accordingly, ante, 73 or 77. The modes of declaring at the suit of an indorsee of an executor or administrator, may be collected from the precedents on promissory notes, ante, 88. Commencement as ante, 19.] For that whereas one J. K., on the rupt, against in- day of dorser. The like, where the bill became due after the bankruptcy. days [date of the bill], made his bill of exchange in writing, and directed the same to one O. P., and thereby required the said O. P. to pay to the order of the said J. K. £["weeks," or "months,"] after the date [or "sight"] thereof, [and if payable after sight add," and the said O. P. then saw and accepted the same,"] and which period had elapsed before the commencement of this suit; and the said J. K. then indorsed the said bill to the defendant, and the defendant then, and before the said E. F. became bankrupt, indorsed the same to the said E. F., [or "and the said J. K. then indorsed the same to X. Y., and the said X. Y. then indorsed the same to the defendant, and the defendant then, and before the said E. F. became bankrupt, indorsed the same to the said E. F.;"] and the said O. P. did not pay the said bill, although the same was duly presented to him for payment on the day when it became due, of which the defendant then had due notice, and in consideration of the premises then, and before the said E. F. became bankrupt, promised the said E. F. to pay him the amount of the said bill on request. [Conclude as ante, 70. of Commencement as ante, 19.] in the year of our Lord For that whereas one J. K., on the day [date of the bill], made his bill of ex change in writing, and directed the same to one O. P., and thereby required days the said O. P. to pay to the order of the said J. K. £—, 1 INDORSEE AGAINST INDORSER NOT BEING day Assignee of indorseee, an insolvent debtor, against indorser. ex days Commencement as ante, 20.] For that whereas one J. K., on the of, in the year of our Lord [date of the bill], made his bill of change in writing, and directed the same to one O. P., and thereby required the said O. P. to pay to the order of the said J. K. £——, ["weeks," or "months,"] after the date [or "sight"] thereof, [and if payable after sight add," and the said O. P. then saw and accepted the same,"] and which period had elapsed before the commencement of this suit; and the said J. K. then indorsed the same to the defendant, and the defendant then, and before the granting of any order by the Court for the Relief of Insolvent Debtors for vesting the estate and effects of the said E. F. according to the form of the statute in such case made and provided, and before the same became vested in the plaintiff as such assignee as aforesaid, indorsed the same to the said E. F. [or "and the defendant then indorsed the same to one X. Y., and the said X. Y. then indorsed the same to the defendant, and the defendant then, and before the granting of any order, &c., indorsed the same to the said E. F.,"] and the said O. P. did not pay the said bill, although the same was presented to him for payment on the day when it became due, of which the defendant then had due notice, and in consideration of the premises then, and before the granting of the said order, and the vesting of the said estate and effects of the said E. F. in the plaintiff as such assignee as aforesaid, promised the said E. F. to pay him the amount of the said bill on request. [Conclude as ante, 72. ON NON-ACCEPTANCE OF BILLS. Commencement as ante, 13.] For that whereas the defendant, on &c., made his bill of exchange in writing, and directed the same to E. F., and thereby required the said E. F. to pay to the plaintiff ——— days ["weeks," (f) See the form prescribed by Reg. Gen. Trin. T. 1 W. 4, No. 7, ante, 31. As to this count see Chitty on Bills, 8th edit. 370 to 373; 3 East, 481. It is no plea that a reasonable time between the dishonour and Payee against drawer, on default of acceptance.(ƒ) |