Ashpitel, Executor Of James Peto v Bryan: QBD 20 Jan 1863

Estoppel. Bill of exchange. Acceptor. Denial of indorsement. – Declaration by the executor of B. upon a bill of exchange purporting to be drawn by A. and accepted by the defendant, and indorsed by A. to B. Plea, that A. did not indorse the bill. It appeared that A., who was possessed of goods, being the stock in trade upon his premises, died intestate indebted to the defendant and other persons ; and it was arranged between B, and the defendant, who were two of his next of kin, that the defendant, should take possession of the goods and accept a bill of exchange for their value, purporting to be drawn and indorsed by A. The goods were accordingly delivered to the defendant, and the bill declared upon was drawn and indorsed to the plaintiff by procuration in the name of A., and accepted by the defendant. Held, that the defendant could not he allowed to set up as a defence to the action that the bill was not indorsed by A.
Cropmton J said: ‘If it appears . . that, by express agreement between the parties, a bill was drawn and indorsed by procuration in the name of a fictitious or dead person, and the position of one of the parties has been altered, as in the present case, by giving up certain goods to the other, that other is not at liberty afterwards to say that the fact which was assumed as the basis of the contract or arrangement, and upon which the other party acted, and thereby altered his position, was really untrue and that the bill is void.’

Judges:

Crompton J

Citations:

[1863] EngR 158, (1863) 3 B and S 474, (1863) 122 ER 179

Links:

Commonlii

Citing:

Appeal fromAshpitel (Executor of James Peto) v Bryan 1862
Defendant having accepted a bill drawn by procuration in the name of a person deceased, and handed it, indorsed in that name to a third party, held liable to that party ; and held no defence that the consideration was goods, assets of the deceased, . .

Cited by:

AffirmedAshpitel, Executor Of James Peto v Bryan CEC 14-Jun-1864
Bill of exchange. Acceptor. Denial of indorsement. Account stated. – Declaration by the executor of B. upon a bill of exchange purporting to be drawn by A. and accepted by the defendant, and indorsed by A. to B. ; with a count upon accounts stated. . .
Lists of cited by and citing cases may be incomplete.

Contract, Estoppel

Updated: 02 May 2022; Ref: scu.282813