4

promissory notes, & gets it [?] without putting his own
home on the bank of it, he is not bound to refund the money
he receives, if the parties to the bill or note [?] insolvent, & the
bill is [?]; but, if it is not the bill or note of the par-
ties where names appear on it, if it is a [?] document
or a forgery, then the money received in Exchange for it [cana?]
be lawfully retained. If the party who negotiates it, does [?]
[eaduse] it, he does not subject himself to that responsibility
which the endorsement would being upon him; but his de-
clining to endues the bill, does not rid him of that respon-
sibility which [?] on him for putting off an instru-
ment as of a certain description which turns out not
be [?] as it is represented to be. Where Bank of England
notes are taken, the party negotiating them is not, for
not profess to be answerable that the Bank of England
shall pay the notes, but he is answerable for their [?]
[?] as they purport to be."

Coleridge & Wightman J.- Concurred

Edmund v Digges 1 [Grat.?] 359, (1845).- Ret (Digges), exchanged
with defend other bank [?] for $400 of [?] notes
of the Ms [?] Bk of Alexandria, which at the time were
passing currently at par. The same day the Mechanics
Bank stopped payment, [?] it did not appear
that defendant knew or suspected that [?] [?] event
was [?] to occur. Their action was brought to seems
that amount.

Baldwin J- (delivering opinion of Court)- "Those who ino-
culate (bank notes) are not understood as thereby giving
any assurance of the credit, punctuality or solverncy of
of the [makers?]; in regard to all which the receiver exerci-
ses his own judgement, or relies upon that of others in
when he has confidence. There is but a single [gl?]
[?] which those who circulates the money of that or any
other kind can be understood to [?], [trait?], that it is what [?]
purports to be, genuine & not counterfeit."

Lyons v Miller 6 [?]. 439, (1849). Defendant as agt
for an undisclosed principal, transferred to [pet?] for value-
ble consideration, without enduring it, a note which [?]
to be a forgery, [?] defendant behind it to be genu-
ine.

Baldwin J- (delivering opinion of Court)- "By dev-
ring to endorse, the defendant [?[ the responsible
an endorses; but he would not without an [underst-]