ON BILLS OF EXCHANGE.

A. B. of, &c. grocer, maketh oath and saith, That C. Drawee D. is indebted to this deponent in 701. on a bill of ex- against acchange, drawn by one E. F. and accepted by the said ceptor. C. D. payable to this deponent, or order, at a day now

past: (a) and, &c.

Saith, That John Denn is justly indebted to this depo- Drawee nent in 1001. on a bill of exchange, drawn by the said against drawJohn Denn, upon one E. F. and payable to this deponent or order, at a day now past: and, &c.

er.

against the

Maketh oath and saith, That C. D. is justly indebted Indorsee to this deponent in 701. on a bill of exchange, drawn by the said C. D. on one J. K. payable to his own order, at a day now past, and by the said C. D. indorsed to this deponent: and, &c.

drawer when payable to his own order.

That C. D. is justly indebted to this deponent in 701. Indorsee as indorsee of a bill of exchange, indorsed by the said against an C. D. to this deponent, and payable at a day now past: and, &c.

indorser.

IN TROVER. (b)

A. B. of, &c. mercer, maketh oath and saith, that In trover for

(a) It must appear that the bill was due. Holcombe v. Lambkin, 2 Maule and Selw. 475.

(b) By rule, Hil. 48 Geo. 3. Ordered that no person be held to special bail in an action of trover or detinue, without an order made for that purpose by the lord chief justice, or one of the judges of this court. 9 East. 325. An affidavit to hold to bail under a judge's order in trover by the assignees of a bankrupt, which stated" that defen"dant possessed himself of the goods, and has refused to "deliver them, and has converted them to his own use, as appears by the books of account of the bankrupt, and "by letters of S. (the agent) and letters of plaintiffs, as the "defendant believes," was holden not to be sufficiently certain to shew a conversion; and therefore, the court discharged the defendant on common bail. A supple

66

mental affidavit cannot be used to cure the defect in the affidavit; but the party must apply for a new order. Molling and others, assignees of White and others, bankrupts, v. Buckholtz, 2 Maule and Selw. 563.

goods.

Trover for a promissory

note.

The like for a bond.

The like for

Richard Roe hath possessed himself of divers goods and chattels of this deponent, of the value of 1001. which he hath refused to deliver to this deponent, and hath converted the same to his own use.

That C. D. hath possessed himself of a certain promissory note of hand of this deponent's, bearing date the day of 18 whereby one A. B. six weeks after the date thereof, promised to pay to this deponent, or order, 401. for value received; and which said note is still unpaid, and the said C. D. bath refused to deliver the said note to this deponent, and hath converted the same to his own use.

That C. D. hath possessed himself of a certain bond or obligation of this deponent's, bearing date the day of 18 entered into by one J. K. to this deponent in the penal sum of 4001. conditioned for the payment of 2001. and interest as therein mentioned; and which said bond or obligation is still wholly unsatisfied; and the said C. D. hath refused to deliver the said bond or obligation to this deponent, and hath converted the same to his own use.

That C. D. hath possessed himself of divers deeds and deeds gene- writings of this deponent, of the value of 4001. and which deeds and writings the said C. D. hath refused to deliver to this deponent, and hath converted the same to his

rally.

In detinue.

What affidavit is sufficient.

On an affida

vit in trover,

own use.

day of

That C. D. hath in his possession, and unjustly detains from this deponent, a certain indenture of lease, bearing date the 18 made between C. D. of, &c. of the one part, and this deponent of the other part, and which said indenture is of the value of to this deponent, who hath demanded the same.

1.

An affidavit in trover, "That the defendants have pos"sessed themselves of divers goods belonging to the "plaintiff of the value of 201. and have refused to deliver "them up; and that they, or some of them, have con"verted and disposed of them to their own use," is sufficient to hold to bail. Cowp. Rep. 529. Charter v. Jacques.

Affidavit stated" that the plaintiff's cause of action "against the defendant, was, for converting and disposing not specifying" of divers goods of the plaintiff, of the value of 2501. "which he refused to deliver, though the plaintiff had demanded the same; and that neither the defendant,

any cause of

action, or that the goods

held bad.

"or any person on his behalf, had offered to pay the were in the "plaintiff the 2501. or the value of the goods." Rule defendant's why defendant should not be discharged out of custody, possession, and why bail-bond should not be delivered up to be cancelled. The objections were, that the affidavit did not state, that defendant ever had possession of the goods, or that he had ever converted them, or that plaintiff had any cause of action against the defendant. Court said, that the affidavit was not in the usual form, and did not positively state any cause of action; and though it stated the defendant refused to deliver up the goods, it did not appear they were ever in his possession. Rule abs. Wooley v. Thomas, 7 Term Rep. 550.

In trover for a bill of exchange, it should be stated, Trover for a "that the bill remains unpaid." 7 Term Rep. 321. Clarke bill of exv. Cawthorne.

change.

An affidavit stating, " that the defendant was indebted Affidavit stat"to the plaintiff in 231. and upwards, in trover," is bad. ing indebted Hubbard v. Pachew, 1 H. Bl. 218,

ON BOND.

in trover bad.

J. K. of, &c. hosier, maketh oath and saith, That C. D. On a bond. is justly indebted unto this deponent in 1101. for princi

pal and interest due on a bond, bearing date the

of

day

and made and entered into by the said C. D. to this deponent, in the penal sum of 2001. conditioned for the payment of 1001. and lawful interest for the same, at a day now past.(a) And, &c.

J. D. of, &c. gentleman, maketh oath and saith, that C. On an assignD. did, by his bond, bearing date the day of last ment of a past, become bound unto A. B. of, &c. mercer, in the penal bond, made sum of 2001. conditioned for the payment of 1001. and by the assig lawful interest, on a certain day now past, and which bond is now in the custody of this deponent. And this deponent further saith, that the said A. B. did, by inden

(a) An affidavit stated" that defendant is indebted to "plaintiff in £ upon a bond bearing date, &c. and "made and entered into by defendant to plaintiff in the "penal sum of £ "without shewing the condition of the bond is insufficient, and the court discharged defendant on common bail. Bosanquet and others, surviving partners, &c. v. Fillis, 4 Maule and Selwyn,

nee.

As to the joining the obligee with the assignee.

The like where the

obligee joins

with the assignee.

Affidavit for

money due on a judgment.

day of

ture, bearing date the
last past,
assign, transfer, and set over the said bond unto him this
deponent, and all monies due and owing thereon, for a
valuable consideration then paid by this deponent to the
said A. B. And this deponent further saith, that he hath
not received any part of the said 1001. or the interest
thereof due on the said bond; nor hath the said A. B.
to the knowledge or belief of this deponent, received the
said 1001. or any part thereof, or the interest thereof,
since the said assignment: and that the said C. D. is now
justly indebted unto this deponent, as assignee as aforesaid,
in the sum of 1021. 10s. for the principal and interest due
upon the said bond. And, &c.

Some practisers think the obligee should join in this affidavit with the assignee; but I find in 1 Wils. 232. in Loveland and Bassett, Trin. 16 Geo. 2. where an assignee of a bond swore, that the obligor was indebted in 901. for principal and interest upon the bond, as he believed, was held sufficient to hold to special bail.-Cur. said, As the assignee had the bond in his own custody, it was of itself some evidence of the debt; and the presumption must be, that it was not paid, as the bond was not cancelled or given up to the obligor.

A. B. of, &c. and C. D. of, &c. severally make oath and say; and first, this deponent A. B. for himself saith, that G. H. did by his bond, bearing date the day of 18 , become held and bound unto this deponent in the penal sum of 2001. conditioned for the payment of the sum of 1001. together with lawful interest for the same, on a day now past. And this deponent further saith, that he did by indenture, bearing date the day of

last past, assign the said bond, and all monies due thereon, for a valuable consideration paid to this deponent, unto the other deponent C. D. And this deponent further saith, that he hath not received the said 1001. or any part thereof, or the interest thereof, from the said G. H. either before, or since the said assignment. And this deponent C. D. for himself saith, that the said G. H. is justly indebted unto this deponent, as assignee as aforesaid, 1051. for the principal and interest due on the said bond. And, &c.

A. B. of, &c. mercer, maketh oath and saith, that C. D. is justly and truly indebted unto this deponent in 301. upon and by virtue of a judgment recovered by this deponent in this honourable court, against the said C. D. as of

term last past; and also in the further sum of 51. for

his costs taxed thereon. And, &c.

A. B. of, &c. grocer, maketh oath and saith, that C. On an annuity D. is indebted unto this deponent in

pounds, for bond.

the arrears of a certain annuity due to this depouent, upon and by virtue of a bond, bearing date the

day

, 18 entered into by the said C. D. to this deponent, in the penal sum of 2001. conditioned for the payment of the sum of 101. a year, to this deponent, during the life of the said C. D. And, &c.

A. B. of, &c. maketh oath and saith, that C. D. is in- By one assigdebted unto this deponent and one J. M. as assignees of nee of a bankthe estate and effects of J. K. a bankrupt, in 201. for goods rupt. sold and delivered by the said J. K. before he became a bankrupt, to the said C. D. and at his request, as appears by the books of account of the said J. K. in the possession of this deponent, and which sum this deponent verily believes to be due from the said C. D. to the estate of the said J. K. And, &c.

sold and de

J. K. of, &c. grocer, executor of the last will and tes- By an executament of A. B. deceased, maketh oath and saith, that tor, for goods Richard Roe is justly indebted unto this deponent, as livered. executor as aforesaid, in 501. for goods sold and delivered by the said A. B. in his life-time, to the said Richard Roe, as appears by the books of the said A. B. and as he, this deponent, verily believes. And, &c.

ment recover

Upon and by virtue of a judgment of this honourable By an execucourt, for the sum of 501. recovered by the said A. B. in tor on a judghis life-time, against the said C. D. and which said judged by his tesment is still in force and unsatisfied, as appears by the tator. record of the said judgment, and as he this deponent

verily believes. And, &c.

In order to hold a defendant to bail for an assault, an To hold to affidavit must be prepared, and laid before a judge, which bail for an is to be engrossed on a 2s. 6d. stampt paper, and sworn assault. before him; if he approves thereof, he will make an order to hold the defendant to bail.

J. G. of, &c. mariner, the plaintiff, and J. W. of, &c. Affidavit to surgeon, severally make oath and say: and first this de- hold to bail ponent J. G. for himself saith, that in the month of

last past, the above named W. F. made an assault upon this deponent, and did beat and kick this deponent in so violent a manner on his groin, and other parts of his body, that this deponent has ever since that time been in great pain; and this deponent has at this time a rup

for an assault.