Bunb. 119. inquiry, the plaintiff proved an account ftated, and a balance due to the bankrupt Bradney of 3597l. 45. 3d. figned by the defendants, whereupon the jury gave that fum, and 817. 65.8d. for intereft (at the rate of 5. per cent. per annum, from the time of fettling the account till the bringing the action) in damages. And now Serjeant Whitaker moved to fet the inquifition afide, objecting, that the jury had done wrong in giving intereft in this cafe, and had a rule to fhew caufe; upon thewing caufe, 1 Barnes 149. Serjeant Burland for the plaintiff cited Vefey's Reports, and Burro. where it was laid down, that upon an account flated between merchant and merchant, it fhall carry intereft from the time it was liquidated; and of that opinion was the court, viz. Gould, Blackstone and Nares Juftices; (abfente Chief Justice De Grey) They faid that when a note is due, it carries intereft from that time, fo likewife, when money lent becomes due, it carries intereft from the day it becomes payable; but for money owing for goods fold and delivered, no intereft fhall be allowed. a Black. Rep. 758. S. C. In formedon the plaintiff had leave to and all his proceedings en paying The rule was difcharged. Scott verfus Perry. C. B. IN formedon, Serjeant Burland moved for leave to difcontinue, on payment of cofts, there being a mistake in fetting out the eftate-tail in the writ; and had a rule to fhew caufe. Upon fhewing caufe Serjeant Jephfon for the defendant alledged, that he had been ferved with an ejectment for the fame lands by the of an eject. plaintiff, and had been thereby put to cofts and charges which he could not get, unless he fhould now be allowed them; and that upon payment of all the cofts in the jement and the for. medon, he had no objection to the plaintiff's difcontinuing. cots, and cofts ment. Per curiam. The plaintiff comes to afk a favour, and muft pay both the cofts in the ejectment and the formedon; which was confented to by Serjeant Burland, upon being permitted to amend all the proceedings in the formedon; and a rule was made by confent, that the plaintiff fhould be at liberty to amend accordingly. TRINITY TRINITY TERM 11 GEO. III. 1771. John Dawkes and Mary his Wife verfus Lord De Lorane. able out of a fund is not a negotiable bill of exchange; though the exchange the drawer, Middlefex. BE it remembered, that on the 23d day of January, [A Draft payin Hilary term, in the 11th year of our lord the particular now King, John Dawkes and Mary his wife, came here into court by John Rayner the younger their attorney, and brought here into his Majefty's court, their certain bill against the right honourable Henry Earl of De Lorane, having privilege of parliament, of acceptor ac- a plea of trefpafs upon the cafe, &c. And there are pledges of cept it geneprofecution, (to wit) John Doe and Richard Roe, which faid bill rally. 2 Black. Rep. S. C.] follows in these words; (to wit) To the juftices of our lord the Declaration now King of the bench, Middlefex, (to wit) John Dawkes and upon a wriMary his wife, by John Rayner the younger their attorney com- ting fuppofed plain of the right honourable Henry Earl of De Lorane having pri- to be a bill of vilege of parliament, of a plea of trefpafs upon the cafe, &c. for that whereas the faid Earl, before the intermarriage of the faid member of John with the faid Mary, (to wit) on the 8th day of January in parliament) the year of our Lord 1768, at Westminster in the faid county of according to Middlefex, according to the ufage and cuftom of merchants, made the ufage and his certain bill of exchange in writing with his own hand there- cuftom of unto fubfcribed, bearing date the fame day and year aforefaid, and then and there directed the faid bill of exchange to one Timothy Brecknock, by the name and defcription of Timothy Brecknock, Efq. St. Mary le Bone, and thereby required the faid Timothy, feven weeks after date, to pay to the faid Mary before her intermarriage with the faid John by the name and defcription of Mifs Read, thirty-two pounds, and feventeen fhillings. out of William Steward's money, as foon as he fhould receive it for the faid earl, and then and there delivered the faid bill to the faid Mary, which faid bill of exchange afterwards, (to wit) on the fame day and year aforefaid, at Westminster aforefaid, in the county aforefaid, according to the ufage and cuftom of mer. chants, was fhewn and prefented to the faid Timothy, for his acceptance 1 merchants. Bunb. 119. inquiry, the plaintiff proved an account ftated, and a balance due to the bankrupt Bradney of 3597l. 45. 3d. figned by the defendants, whereupon the jury gave that fum, and 81l. 6s. 8d. for intereft (at the rate of 5 per cent. per annum, from the time of fettling the account till the bringing the action) in damages. And now Serjeant Whitaker moved to fet the inquifition afide, objecting, that the jury had done wrong in giving intereft in this cafe, and had a rule to fhew caufe; upon fhewing caufe, 1 Barnes 149. Serjeant Burland for the plaintiff cited Vefey's Reports, and Burro. where it was laid down, that upon an account flated between merchant and merchant, it fhall carry intereft from the time it was liquidated; and of that opinion was the court, viz. Gould, Blackfone and Nares Juftices; (abfente Chief Juftice De Grey) They faid that when a note is due, it carries intereft from that time, fo likewife, when money lent becomes due, it carries intereft from the day it becomes payable; but for money owing for goods fold and delivered, no intereft fhall be allowed. 2 Black. Rep. 758. S. C. In formedon the plaintiff had leave to amend all his proceedings on paying cofts, and cofts of an eject ment. The rule was difcharged. Scott verfus Perry. C. B. N formedon, Serjeant Burland moved for leave to discontinue, on payment of cofts, there being a miftake in fetting out the estate-tail in the writ; and had a rule to fhew caufe. Upon fhewing caufe Serjeant Jephfon for the defendant alledged, that he had been ferved with an ejectment for the fame lands by the plaintiff, and had been thereby put to cofts and charges which he could not get, unless he fhould now be allowed them; and that upon payment of all the cofts in the ejectment and the formedon, he had no objection to the plaintiff's difcontinuing. Per curiam. The plaintiff comes to afk a favour, and must pay both the cofts in the ejectment and the formedon; which was confented to by Serjeant Burland, upon being permitted to amend all the proceedings in the formedon; and a rule was made by confent, that the plaintiff should be at liberty to amend accordingly. TRINITY TRINITY TERM 11 GEO. III. 1771. John Dawkes and Mary his Wife verfus Lord De Loranc. of though the a rally. 2 Black. exchange ag iinft (a member of Middlefex. BE it remembered, that on the 23d day of January, able out of in Hilary term, in the 11th year of our lord the particular now King, John Dawkes and Mary his wife, came here into court fund is not a by John Rayner the younger their attorney, and brought here negotiable bill into his Majefty's court, their certain bill against the right honour of exchange; able Henry Earl of De Lorane, having privilege of parliament, of acceptor aca plea of trefpafs upon the cafe, &c. And there are pledges cept it geneprofecution, (to wit) John Doe and Richard Roe, which faid bill Rep. S. C.] follows in these words; (to wit) To the juftices of our lord the Declaration now King of the bench, Middlefex, (to wit) John Dawkes and upon a wriMary his wife, by John Rayner the younger their attorney com- ting fuppofed plain of the right honourable Henry Earl of De Lorane having pri- to be a bill of vilege of parliament, of a plea of trefpafs upon the cafe, &c. for that whereas the faid Earl, before the intermarriage of the faid John with the faid Mary, (to wit) on the 8th day of January in parliament) the year of our Lord 1768, at Westminster in the faid county of Middlefex, according to the ufage and cuftom of merchants, made his certain bill of exchange in writing with his own hand thereunto fubfcribed, bearing date the fame day and year aforefaid, and then and there directed the faid bill of exchange to one Timothy Brecknock, by the name and defcription of Timothy Brecknock, Efq. St. Mary le Bone, and thereby required the faid Timothy, feven weeks after date, to pay to the faid Mary before her intermarriage with the faid John by the name and defcription of Mifs Read, thirty-two pounds, and feventeen fhillings out of William Steward's money, as foon as he fhould receive it for the faid earl, and then and there delivered the faid bill to the faid Mary, which faid bill of exchange afterwards, (to wit) on the fame day and year aforefaid, at Westminster aforefaid, in the county aforefaid, according to the ufage and cuftom of mer. chants, was fhewn and prefented to the faid Timothy, for his acceptance the drawer, according to the ufage and cuftom of merchants. Breach. acceptance thereof; and the faid Timothy then and there, according to the ufage and cuftom of merchants, accepted the fame; and the faid bill of exchange afterwards (to wit) on the firft day of March in the year aforefaid, at Westminster aforefaid, in the county aforefaid, was fhewn and prefented to the faid Timothy for payment thereof, but the faid Timothy then and there wholly refused to pay the fame; of all which faid premises, the faid earl afterwards, (to wit) on the fame day and year laft aforefaid, at Westminster aforefaid, in the county aforefaid, had notice; by reafon whereof, and by force of the ufage and cuftom of merchants; the faid earl became liable to pay the faid Mary before her intermarriage with the faid John the faid fum of money in the faid bill of exchange contained, when he the faid earl fhould be thereunto afterwards requested; and being fo liable the faid earl, in confideration thereof, afterwards, (to wit) on the fame day and year aforefaid, at Westminster aforefaid, in the county aforefaid, undertook, and to the faid Mary then and there faithfully promifed to pay to her the faid fum of money in the faid bill of exchange contained, when he the faid earl fhould be thereunto afterwards requested. 2d Count. An indebitatus affumpfit for 50l. for goods fold and delivered by the faid Mary (before her faid intermarriage) to the earl. 3d Count. A quantum valebant for other goods, wares and merchandizes, fold and delivered by the faid Mary (before her faid intermarriage) to the earl; and the plaintiffs aver, that the fame were worth other 50l. 4th Count. An indebitatus affumpfit for the further fum of 50. lent and adyanced to the earl by the faid Mary before her faid intermarriage. 5th Count. An indebitatus affumpfit for the further fum of 50l. paid, laid out and expended to and for the ufe of the earl, by the faid Mary, before her faid intermarriage. Yet the faid earl (although often requested by the faid Mary before her intermarriage with the faid John, and by the faid John and Mary fince their intermarriage) hath not yet paid the faid feveral fums of money, or any part thereof, to the faid Mary before the faid intermarriage, or to the faid John and Mary, or either of them, fince their intermarriage; but hath wholly refused fo to do, and ftill doth refuse to pay the fame to the faid John and Mary; whereupon the faid John and Mary say they are |