are informed and believe, and therefore admit, that the said Fleming & Alden offered the said bill of exchange for sale as stated in the said first cause of action, but these defendants say, on like information and belief, that the said Fleming & Alden did not, for the purposes mentioned in the said complaint, or any of them, shew to or leave in deposit with the said plaintiffs the said letter.

"And these defendants, further answering, say that they have not knowledge or information sufficient to form a belief as to whether or not the said plaintiffs were fully informed of the contents of said letter or any part thereof, or as to whether or not the said plaintiffs, on the credit or faith thereof, or for what motive, agreed to purchase, or as to whether or not they did purchase or receive the said bill of exchange, or as to whether or not, in consideration of the premises stated in said complaint, or any other consideration, they paid to Fleming & Alden therefor any sum of money whatever, or as to whether or not the said plaintiffs were, or still are, the holders or owners of the said bill of exchange, and they deny that the said plaintiffs are entitled to have or demand of or from these defendants their acceptance, in writing or otherwise, on said bill, or payment thereof from these defendants.

"And these defendants admit the statements in the said cause of action contained in regard to the presentation of the said bill for acceptance at Liverpool, the time and demand thereof, and the refusal of these defendants to accept; but they deny that such refusal was to the wrong or injury of the said plaintiffs, or contrary to any promise of these defendants, but they say that they have not knowledge or information sufficient to form

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PILKINGTON.

a belief as to who caused the said bill to be presented for acceptance or acceptance to be demanded.

"And these defendants, further answering said cause of action, say that they have not knowledge or information sufficient to form a belief as to whether or not the premium of exchange had advanced as stated in said cause of action, or as to whether or not the plaintiffs have suffered loss or damage to any amount whatever.

"2nd. And these defendants, answering the second cause of action in said complaint contained, on information and belief, admit that the said Fleming & Alden, on or about the 12th August, 1856, in the city of New York, drew their certain other bill of exchange, in sets and that the same is correctly described and set forth in the second cause of action; but these defendants deny that, at the time of the drawing of the said last mentioned bill of exchange, the letter hereinbefore mentioned and in said complaint set forth, was in force, or that the said Fleming & Alden, by virtue or in pursuance of the said letter, drew the said last mentioned bill of exchange, but, on the contrary, these defendants aver that, previously to the drawing of the said last mentioned bill of exchange, these defendants had withdrawn, revoked, determined and annulled the said letter, and any and every right, authority, power and privilege of the said Fleming & Alden, given or conferred by said letter, and all right, authority and power to draw said bill of exchange, or any other bill of exchange, under or by virtue of said letter, or the making or delivery thereof, to them, and had cancelled and put an end to said letter, and every agreement and power therein contained.

"And the defendants further answering said second cause of action, on information and belief, say and admit

that the said Fleming & Alden offered the said last mentioned bill of exchange for sale to Acker & Harris, the payees thereof; and these defendants say that, as they are informed and believe, the said Fleming & Alden did not at any time shew said letter to said payees, or cause the same to be shewn to or read by said payees, or the contents thereof to be to them communicated for any purpose whatever.

"And these defendants, further answering said second cause of action, say that they have not knowledge or information sufficient to form a belief as to whether or not the said Acker & Harris, by reason of the premises in said last mentioned cause of action stated, or as to whether or not they, on the faith or credit of said letter, purchased or took the said last mentioned bill of exchange, or as to whether or not the said Acker & Harris paid therefor the sum the sum of 48228 dollars, or any

other sum.

"And these defendants, further answering said second cause of action, say that they have not knowledge or information sufficient to form a belief as to whether or not at any time the said Acker & Harris endorsed the said last mentioned bill of exchange, or offered the same for sale, or as to whether or not the plaintiffs relied on the faith or credit of the said letter, or had any notice that the said last mentioned bill of exchange had been drawn in pursuance thereof, or by virtue of the power or authority thereby conferred, or that the same had been purchased by the said Acker & Harris upon the faith or credit thereof, or as to whether or not the said plaintiffs purchased or received the said bill of exchange of or from the said Acker & Harris, or as to whether or not the said plaintiffs, on the faith or credit of the

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said letter, paid therefor the sum of 4822

dollars or any other sum, or as to whether or not the plaintiffs became, were, or are the holders or owners of said last mentioned bill of exchange. And they deny that the said plaintiffs are entitled to have or demand of or from the defendants their acceptance, in writing or otherwise on, or payment of the said last mentioned bill of exchange. And these defendants admit the presentation of said last mentioned bill of exchange for acceptance, and the refusal of these defendants to accept the same; but they say that they have not knowledge or information sufficient to form a belief as to who caused the said last mentioned bill of exchange to be presented for acceptance, or acceptance to be demanded; and they deny that such refusal was to the wrong or injury of said plaintiffs, or contrary to any promise of these defend

ants.

"And these defendants, further answering said second cause of action, say that they have not knowledge or information sufficient to form a belief as to whether or not the premium of exchange had advanced as stated in said complaint, or as to whether or not the plaintiffs have suffered loss or damage to any amount whatever.

"3d. And these defendants, answering the third cause of action in said complaint contained on information and belief, admit that the said Fleming & Alden, on or about 19th August, 1856, in the city of New York, drew their certain other bill of exchange in sets, and that the same is correctly described and set forth in the said third cause of action; but these defendants deny that, at the time of the drawing of the said last mentioned bill of exchange, the letter herein before mentioned, and in such complaint set forth, was in force, or that the said Fleming

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& Alden, by virtue or in pursuance of said letter, drew the said last mentioned bill of exchange; but, on the contrary, these defendants aver that, previously to the PILKINGTON. drawing of the said last mentioned bill of exchange, these defendants had withdrawn, revoked, determined and annulled the said letter, and any and every right, authority, power and privilege of the said Fleming & Alden given or conferred by said letter, and all right, authority and power to draw the said bill of exchange, or any other bill of exchange, under or by virtue of said letter, or the making or delivery thereof to them, and had cancelled and put an end to said letter, and every agreement therein contained.

"And these defendants, further answering said third cause of action on information and belief, say and admit that the said Fleming & Alden offered the said last mentioned bill of exchange for sale to Acker & Harris, the payees thereof; but these defendants say that, as they are informed and believe, the said Fleming & Alden did not at any time shew said letter to said payees, nor cause the same to be shewn to or received by the said payees, or the contents thereof to be to them communicated for any purpose whatever.

"And these defendants, further answering said third cause of action, say that they have not knowledge or information sufficient to form a belief as to whether or not the said Acker & Harris, by reason of the premises in said last mentioned cause of action stated, or as to whether or not they, on the faith or credit of the said letter, purchased or took the last mentioned bill of exchange, or as to whether or not the said Acker & Harris paid therefor the sum of 4822 dollars, or any other sum.