[ promissory notes ]

John Bolger v. George Crossley

Court of Civil Jurisdiction

  Bent J.A., 28 April 1813

Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W, 5/1109-184.

John Bolger of Sydney ________ Plaintiff

And

George Crossley of Sydney ________ Defendant

Writ for ₤197.15.0 sterling due on various promissory notes drawn by the said George payable [?] on demand and duly presented.

The defendant appears and defends the action and pleads a tender __ _ .

Richard Wade

Sworn says : Recalled tendering a parcel of Mr Crossley's current notes to the defendant for payment.   I cannot exactly recollect the day.   It was the very same day the floor of this office gave way.   The amount of the notes was ₤13 sterling & ₤58 sterling coming to the best of my recollection.   I did not make a [?]. I believe the notes produced were the notes presented.   It was in the afternoon before sunset.   I saw Mr Crossley .   I told him I had brought some of his bills for him to take up: he told me to bring them into the parlour and let him look at them_ I did and laid them on the table_ one of the parcels was opened.   The parcel that was opened contained sterling bills.   Mr Crossley took one and said it was not sterling.   I pointed to the word sterling in the body of the Bill_ he turned it and said I should look at the back of it.   I should have found currency wrote on it.   He said he would give coppers. I told him I had a set of copper bills which I could take copper for: he refused to do that and said that he would give coppers for the whole_ I told him I could not do that_ that I was desired to take nothing but sterling for the Sterling Bills.   I could take copper for the copper bills.   I then tied up the bills and took them away.

Examined by the defendant

Says:                                         When I came into defendant's house, Hughes his Clerck was there .   The Bills that were opened were all Sterling_.   The Bills were in five pound parcels when I tended them for payment to the defendant.

The Plaintiff producers number of bills, (admitted by the Defendant to be drawn by him) amounting to the sum of ₤77.17.6 sterling, but indorsed on the back payable in currency_

The Plaintiff produces   a certain other parcel of bills (also admitted by the defendant) amounting to the sum of ₤61..12..6 in all of which the stroke of a pen was drawn thro' the word “sterling” which was in print, and the words “in currency” substituted in writing on the front of the bill_.

The Plaintiff produced a certain other parcel of bills (admitted by the defendant )   amounting to ₤55 payable some in currency & some in copper coin _

Richard Hughes

Sworn and examined

For the defendant says : I was present when Wade brought this note to the defendants.   The defendant offered copper coin for the notes.

The Court, upon due consideration, gives judgement to the Plaintiff_ Damages ₤175 ..1 ..3   Cost ₤4..4..4

Provided that if a defendant do pay into Court within eight days hereof the sum of   ₤116..12..6 in copper coin, and give due notice thereof to the Plaintiff, execution to issue only for the sum of ₤77..17..6 damages & the sum of ₤4..4..4 costs.