References: [1855] EngR 266, (1855) 10 Exch 776, (1855) 156 ER 654
Links: Commonlii
To an action on a bill of exchange for 501., drawn by M. upon and accepted by the defendant, and by M. indorsed to the plaintiff, the defendant pleaded first, that the bill was drawn by M. and accepted by the defendant, and indorsed by M. to the plaintiff, and the plaintiff first held tbe same for the special purpose of getting the same discounted, and to hand the proceeds thereof to the defendant ; that the plaintiff, acting in fraudulent collusion with M, got the bill discounted and, contrary to and in violation of the special purpose for which the bill was drawn, accepted and indorsed, and for which the plaintiff first held the same, handed to the defendant 171. and no more, being part of the proceeds thereof; and that there never was any other consideration for the acceptance by him of the bill, or for the plaintiff being the holder thereof. Secondly, as to 171, a tender of that amount. Held, on motion for judgment non obstante veredicto, that the first plea, though informal, was good in substance, since it confessed a prima facie title in the plaintiff by indorsement, and avoided it by shewing that he was the holder of the bill for a special purpose only, and without consideration – Also that the second plea was had, for tbe acceptor of a bill of exchange cannot plead a tender after the day of payrnent. A plea of tender ought not to be joined with a plea containing a denial of the right of action for the same sum.
