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1862.

SCOTT

V.

this summons on you, exclusive of the day of such service, and if you fail to answer the said complaint within the time aforesaid, the plaintiffs in this action PILKINGTON. will take judgment against you for the sum of 21,462 dollars and 23 cents, with interest thereon, from the 19th August, 1856, besides the costs of this action. Dated New York, September 1, 1856.

"Martin & Smiths, Plaintiffs' attorneys.
"New York Supreme Court. City and county of New York.
"William B. Scott, Robert H. Thorn and Richard

C. W. Moore against John Pilkington and Daniel
Pilkington.

"The above named plaintiffs, by Martin & Smiths, their attorneys, for their complaint against the above named defendants respectfully state that, at the several times hereinafter mentioned, the plaintiffs were, and still are, co-partners in business in the city of New York, under the name and style of William B. Scott & Co., and the defendants were, and still are, co-partners in business in Liverpool, England, in the kingdom of Great Britain, and elsewhere, under the name and style of Pilkington Brothers.

"That on or about 16th February, 1856, in the city of New York, the said defendants made and delivered to Fleming & Alden, a mercantile firm in said city, the certain letter of credit, authority, undertaking and promise, in writing, of them, the said defendants, of that date, in the words and figures, following, that is

to say.
"Messrs. Fleming & Alden, 94, Wall Street, New York.
"New York, 16th February, 1856.

"Gentlemen,

"In reply to your communication made to me

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SCOTT

V.

this morning, respecting your drawing exchanges upon us, I would state that you have our authority to do PILKINGTON. SO, and all such exchanges drawn upon us will be duly honoured and protected. This power, however, is subject to being withdrawn at any future time.

“Yours very truly,

"Daniel Pilkington, of and for the firm of

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Pilkington Brothers, Liverpool.

"And the plaintiffs further say, that after the making and delivery, as aforesaid, of the said letter of credit, the said Fleming & Alden, by virtue and in pursuance of the authority thereby conferred, and while the same was in full force, on or about 22nd July, 1856, in the city of New York, drew their certain bill of exchange, in sets numbered 1st, 2nd, and 3rd, of that date, directed to the defendants at Liverpool aforesaid, and therein and thereby requested the defendants, 60 days after sight of either of said sets, the other two being unpaid, to pay in London, to the order of the plaintiffs, by their said firm style of William B. Scott & Co., the sum of 1000l. sterling, value received, and the said Fleming & Alden then and there offered the said bill of exchange for sale to the plaintiffs for the amount thereof, and a certain premium, according to the rate of premium then in favour of exchange on London, and to induce and persuade the plaintiffs to purchase such bill and other bills, to be drawn by the said Fleming & Alden upon the defendants, under and in pursuance of the said letter of credit, they the said Fleming & Alden then and there, and before that time, shewed to and left on deposit with the plaintiffs the said letter of credit, and the plaintiffs became and were fully informed of the contents thereof, and upon the faith and credit thereof agreed to purchase,

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1862.

SCOTT

V.

and thereupon then and there did purchase and receive of and from the said Fleming & Alden the said bill of exchange, and in consideration of the premises paid to PILKINGTON. the said Fleming & Alden therefor in moneys of the United States of America, the sum of 4,822 dollars, being a sum equal to the amount expressed in such bill and the premium of exchange aforesaid; and that the plaintiffs, by reason of the said several premises, thereby became and were, and still are, the holders and owners of the said bill of exchange, and as such entitled to have and demand of and from the defendants the acceptance of the said defendants in writing thereon, and due payment thereof by the defendants, according to their undertaking and promise in the letter of credit aforesaid.

"And the plaintiffs further say that afterwards, the sum of money in said bill expressed being unpaid, that is to say on 6th August, 1856, they caused the same to be duly presented for acceptance at Liverpool aforesaid to the defendants, and acceptance thereof by the defendants to be then and there duly demanded; and that the defendants then and there failed and refused, and have hitherto failed and refused, to accept the said bill by writing their acceptance on the same or in any other way, to the wrong and injury of the plaintiffs, and contrary to the said promise in writing, by them the said defendants made and delivered as aforesaid; by means whereof, the premium of exchange having meanwhile advanced, the plaintiffs have suffered loss and damage to the amount of 4866 dollars, lawful money of the United States of America.

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100

"2nd. The plaintiffs as another cause of action against the defendants further state that afterwards, on or about

1862. SCOTT

T.

PILKINGTON.

12th August, 1856, in the city of New York, the said letter of credit being in full force and the power thereby conferred being in nowise withdrawn, the said Fleming & Alden, by virtue and in pursuance thereof, drew their certain other bill of exchange in three sets, numbered 1st, 2nd and 3rd, of that date, directed to the defendants at Liverpool aforesaid, and therein and thereby requested the defendants, 60 days after sight of either of said sets, the other two being unpaid, to pay in London, to the order of Messrs. Acker & Harris, (then and there a mercantile firm in the city of New York), the sum of 10007. sterling, value received, and that the said Fleming & Alden then and there offered the said bill of exchange for sale to the payees therein named, and as plaintiffs are informed, and believe, to induce the said payees to purchase the same, then and before that time shewed and caused the said letter of credit, then and before that time in possession of plaintiffs, to be shewn to and read by the said Acker & Harris and the contents thereof so to be to them communicated, and that the said Acker & Harris, by reason of the premises and on the faith and credit of said letter of credit, as plaintiffs are informed and believe, then and there purchased and took the said bill of exchange of and from the said Fleming & Alden, and paid therefor, as plaintiffs are informed and believe, to the said Fleming & Alden the sum of 482218 dollars or about that amount, in lawful money of the United States of America, and otherwise, which said sum would have been the proper value of said bill of exchange in New York when duly accepted by the defendants according to their said promise and undertaking in that behalf in the said letter of credit contained.

"And the plaintiffs further say that afterwards and before the payment of the said bill, and before any acceptance thereof or presentment of the same for acceptance to the defendants, and while the said letter of credit was in full force and on deposit with the plaintiffs as in the first cause of action in this complaint mentioned, on or about 12th August, 1856, in the city of New York aforesaid, the said Acker & Harris indorsed the said last mentioned bill of exchange and offered the same for sale to the plaintiffs; and thereupon the plaintiffs, relying on the faith and credit of the said letter of credit, and having due notice that the said bill had been drawn in pursuance thereof and by virtue of the power and authority thereby conferred, and that the same had been purchased by the said Acker & Harris upon the faith and credit thereof as aforesaid, purchased and received the said bill of exchange of and from the said Acker & Harris, and on the faith and credit of such letter of credit paid therefor to the said Acker & Harris the sum of 4822 dollars, money of the United States of America, which said sum would have been the proper value of the said bill of exchange in New York when accepted by the defendants according to their said promise and undertaking; by means whereof the plaintiffs became and were, and still are, the holders and owners of the said bill of exchange, and as such entitled to have and demand of and from the defendants the acceptance of the said defendants in writing thereon, and due payment thereof by the defendants, according to their promise and undertaking in the letter of credit aforesaid.

"And the plaintiffs further say that afterwards, before payment of the sum of money in said bill expressed, B. & S.

VOL. II.

C

1862.

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PILKINGTON.

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