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statements as to the mode of entry and transfer of stock]: That Marsh received the dividends thereon in October

any part thereof, at his discretion: That the accounts are balanced twice a year, for making out dividends, and that the ag gregate amount of the balances form the aggregate of the stock called reduced three per cent. annuities, and that such aggregate amount is transmitted halfyearly to the audit office of the exchequer for the purpose of ascertaining the amount which will be wanted for dividends, and that the dividends are calculated on the balance so ascertained: That an account is also once a year transmitted to the audit office of the exchequer, which contains the names of all persons who appear by the books kept at the Bank as aforesaid to be the proprietors of any part of the said annuities: That the dividends are paid twice a year to the holders of dividend warrants, which are made out from the ledgers in the names of the persons who appear by the ledgers to be entitled thereto That Marsh received the dividends of 12,000l. in the said stock in October 1819, by virtue of a power of attorney dated the 7th June 1803, from the plaintiff to Marsh, Sibbald, Stracey, and Fauntleroy, being the persons at the date thereof composing the firm of Marsh, Sibbald, and Company, and paid

to Marsh and Co., bankers, to the account of the plaintiff, who had a banking account with the said house: That on the 29th of December 1819, an entry was made in one of the transfer books of the Bank, purporting to be a transfer under a power of attorney, purporting to be granted by the plaintiff to Marsh, Stracey, Graham, and Fauntleroy, the persons who at the date thereof composed the firm of Marsh and Company, jointly, and each of them severally, of a share in the said stock."

[The form of the entry was here set out, purporting to transfer 9,000l. stock to Tarbutt, a stock-broker.]

"That the power of attorney under which the entry was made was not executed by the plaintiff, but the signature was forged by Fauntleroy, and that he had not any authority to make such transfer; and that the plaintiff did not authorize or request the Governor and Company to make any transfer of the 9,000l. stock: That, in consequence of such entry in the transfer book, an entry was made in one of the ledgers, by which the plaintiff was debited with the 9,000l., and credit was given to Tarbutt for the 9,000l., and from that time the plaintiff ceased to have credit for the said sum; and

1834.

KEATING

v.

MARSH.

1834.

KEATING

V.

MARSH.

1819,-under a power of attorney, dated 7th June 1809, from Ann Keating to Marsh, Sibbald, Stracey, and Faunt

that on the 11th of January 1820 Marsh and Company purchased for the plaintiff 3,000l. reduced three per cent. annuities, and caused the same to be transferred to the plaintiff, whereby there appeared 6,000l. to the credit of the plaintiff in the ledgers kept at the Bank, and no more: That Marsh attended at the Bank, and received the dividend on the 6,000l. on the 5th of April 1820, and signed a receipt for the same as attorney of the plaintiff: That since the 29th of December 1819 very numerous transfers of reduced three per cent. annuities of sums, both great and small, have been made to and by Tarbutt, which have been debited and credited to him; and that the 9,000l. has become blended with other stocks standing in the ledgers in Tarbutt's name, and appears to have been transferred and assigned by him, and it is not possible to distinguish the account to the credit of which the 9,000l. stands, which was so carried to the credit of Tarbutt, and

debited to the plaintiff as aforesaid; and that no dividend warrant has at any time since the 9th of December 1819 been made out for the dividends on the 9,000l. in favour of the plaintiff, either together with or apart from any other sum of stock, but

that the dividend thereon has been ever since paid to other persons appearing on the books to be the transferees thereof: That the plaintiff did not consent to and had not any knowledge of the above entries or entry: That on the 10th of September 1824 Fauntleroy was apprehended on a charge of forging letters of attorney for the transfer of certain other annuities in the Bank of England, and that the Bank undertook to prosecute Fauntleroy: That the plaintiff' informed the Bank of the forgery as soon as the same came to her knowledge; and that the Governor and Company caused several indictments to be prepared against Fauntleroy, for forging letters of attorney for transfer of parts of the annuities transferrable at the Bank, and that Fauntleroy was tried and convicted on the 30th of October

1824, and executed on the 30th of November in the same year; but that neither the plaintiff nor the Governor and Company preferred any indictment against Fauntleroy in respect of forgery of the power of attorney hereinbefore referred to: That Marsh

and Co. kept an account with Martin, Stone, and Co., bankers, London, in the usual way of a banker's account; and that a

leroy, then composing the firm,—and paid them into the banking-house of Marsh and Co. to the account of Ann

of the firm, without the knowledge and in fraud of his partners, to a large amount: That on the 29th of December 1819 Fauntleroy ordered Simpson, a stock-broker, to sell out the sum of 9,000l. described as standing in the books of the Bank of England in the name of the plaintiff, and that Simpson sold the same to Tarbutt for 6,013l., which he received from Tarbutt: That, according to the course of business between Simpson and Marsh and Co., Simpson allowed Marsh and Co. one half of the usual commission when employed by them to effect sales, and upon the said sale he allowed one half of the commission; and that Simpson paid 6,013., being the amount received from Tarbutt, deducting one half of the usual commission, by a check payable to Marsh and Co., to Messrs. Martin and Co., to the account of Marsh and Co.; and the same was entered by them in their pass-book as 'Cash per Fauntleroy,' the name of Fauntleroy denoting the name of the individual by or on whose behalf the payment was made: That no entry was made at any time of the 6,013/. in the housebook, or any other books of Marsh and Co., but only in the pass-book of that firm with Martin and Co.: That it was the

pass-book went from one house to the other from time to time, according to the usual practice between bankers: That Marsh and Co. kept a house-book, in which corresponding entries to those in the pass-book ought to have been made, and that in the due course of business the passbook and the house-book ought to have corresponded: That the house-book was in constant use in the banking-house of Marsh and Co., and that the pass-book was frequently brought thither from the house of Martin and Co., and that when it was at the banking-house of Marsh and Co. Fauntleroy kept the same generally locked up in his own desk: That Fauntleroy was permitted by the other bankers to conduct the greater part of the business of the said banking-house, without their interference, that they reposed great confidence in him, and that he made very many false entries and omissions in the house-book, so that the same did not correspond with the passbook in many instances: That Fauntleroy paid to Martin and Co. and drew out considerable sums for his own individual use, which appear respectively in the pass-book, but not in the housebook, and also made very many false entries in the other books

1834.

KEATING

บ.

MARSH.

1834.

KEATING

V.

MARSH.

Keating, who kept a banking account there: That on the 29th of December 1819 an entry was made in the

business of Fauntleroy, as between himself and his co-partners, to have entered the said sum in the house book, if it had been intended by him for the account of Marsh and Co.: That among the books kept by Marsh and Co. there was, besides the said house-book, a daily balancing-book, purporting to contain a daily record of the amount of cash left in the drawers in Berner Street, and the amount of cash at Martin and Co.'s, as shown by the said house book, after the conclusion of each day's transactions, accompanied by a proof of the correctness of such balance: That Fauntleroy in general made up such daily balances in the balancing-book, and the said sum of 6,013/. was not entered in the house-book, nor in the daily balancing-book, on the 29th of December 1819, or at any other time, nor did the same ever come into the yearly balances of Marsh and Co., or in any other manner into their books: That no individual partner of Marsh and Co. could draw monies out out of the account of Martin and Co. but by drafts signed in the partnership name or firm; but that Fauntleroy paid in, and, by means of such drafts, drew out large sums of money for his own individual

purposes; and that the account between Marsh and Co. and Martin and Co. was repeatedly balanced between the 29th December 1819 and the bankruptcy of Marsh and Co. : That in consequence of the discovery of the forgeries of Fauntleroy a commission issued against them on the 16th of September 1824, and on the 29th of October following a commission issued against Fauntleroy: That in April 1820 credit was given to the plaintiff by Marsh and Co. for the dividend on 15,000l. reduced three per cent. annuities, 9,000l. stock, parcel thereof, being the 9,000!. reduced annuities before mentioned, the entries respecting the said dividends being made by Fauntleroy, or under his immediate direction; and that from April 1820 up to the date of the bankruptcy entries were made in the books of Marsh and Co. by which the plaintiff's account was credited with a sum as the dividends on the reduced three per cent. annuities then in her name, including the dividends on the 9,000l., as if those dividends had been regularly received from time to time, such entries having likewise been made by Fauntleroy, or under his immediate directions; and that, until after the appre hension of Fauntleroy before

transfer books of the Bank of England, purporting to be a transfer of 9,000l. stock,- under power of attorney

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"The Governor and Directors of the Bank of England have had under their consideration your claim to have 9,000l. reduced three per cent. annuities, which formerly stood in your name, replaced. They find, upon inquiry, that the stock in question was sold and transferred in your name by one of the partners of the late firm of Marsh, Stracey, and Company, and that the produce of the stock was paid into the funds of Messrs. Marsh, Stracey, and Company; you have therefore, as the Bank is advised, a right to prove the amount received on your account, and to receive a dividend upon that proof under Messrs. Marsh, Stracey, and Company's commission, and we are directed by the Governor and Directors to request that such proof may be tendered and enforced by petition, if it should

not be admitted by the commissioners, after which the Bank will be ready to replace the amount of your stock so sold, upon having an assignment of your proof; and the dividends on the stock so replaced, which accrued subsequent to the latest period at which they were credited to you by Messrs. Marsh, Stracey, and Company, will also be paid to you.

"We beg to add, that we are ready to afford you information and assistance as to the evidence by which your right to prove will be established.

"We are, Madam, "Your most obedient servants, "FRESHFIELD and KAYE." “Mrs. Keating."

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1834.

KEATING

v.

MARSH.

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