1778-11-21 (static/transcriptions/1778/11/067.jpg)

1778. 4 Sittings. [Saturday] Nov. 21.

Exchange: and also that Ogden had paid other Debts after this Bill of Exchange became due and before his absolutely refusing to pay, whence the Advocates for the Defendant inferred the loss of the Money due on the Bill was occasion’d by the Laches of the Plaintiff, that is by his giving time to Ogden to pay. Huggins had also brought an Action against Ogden on his acceptance of this Bill of Exchange, which Action it was said was Discontinued, but the Discontinuance was not proved.
The Court being all of Opinion, the Acts of the Plaintiff, had made this Bill of Exchange absolute payment for the Goods, and not meerly conditional on the payment of the Bill of Exchange, therefore by direction of the Court there was a Non-Suit.

John Clinton v Cawn Jawn Cawn.
Clinton was a Portugueze who brought this Action to recover Wages which he said were due to him from Khan Jehan Khan as his Interpreter, but failing to prove he was so, there was a Non-Suit.