[promissory note]

Piper, Esq and others v. Frazier
Supreme Court
Field J., 21 September 1821
Source: Sydney Gazette, 22 September 1821

This was an action brought by the present President and Company of the Bank, against the maker of a promissory note for £251 3s. 9d which Williams had surreptitiously discounted with the Bank money. The note was endorsed by Middleton and Hankinson, but not by Williams, who did not pass it to the Plaintiffs till two years after it was dishonoured. Mr. Moore, for the Defendant, called Hankinson to prove that this was an accommodation note. Mr. Wylde and Mr. Garling, for the Bank, objected to this witness, since he was himself liable as indorser, but Mr. Justice Field thought him admissible, for if the plaintiffs recovered, he would be liable to the defendant. Hankinson prove that the defendant made this note to accommodate him; and then Mr. Moore contended that the plaintiffs, having taken this night after it had become due, took it at the peril of having it invalidated as an accommodation note; and he cited 3 Term Rep. 80 and 1 Campbell 19. Mr. Wylde and Mr Garling maintained that if Williams gave a valuable consideration for it, and could therefore bring an action upon it, the plaintiffs could, although they took it from him after it was due.
Mr. Justice Field said that what had been true, if Williams had been the plaintiffs endorser; but Hankinson was their indorser; and it was clear he could not sue upon it. The Learned Judge was afraid this action should have been brought in the name of Williams, to whom the objection of receiving the note after it was due would not apply; but the Court would look into the cases, and give judgement on a future day.

Court of Appeal
Governor Macquarie, 30 November 1821
Source: Minute Books (Court of Appeals), 16 June 1817-20 April 1824, State Records N.S.W., 4/6604 at 57-60

Piper and others - Appellants.
Frazier - Respondent.
The Appeal as duly filed, read by Mr. Garling Appellants' Solicitor, also heard in support of the same, Respondent's Solicitor read the Reply. His Honor the Judge Advocate referred to 1 Stauntons Reports, Charles and another v. Marsden.
Judgment of the Supreme Court reversed; and Decree to the Appellants the sum of £251.3.9 with Interest at ?8 per Cent from 19th March 1819 to the present date amounting in the whole to £305. Execution not to issue for 14 days.