case burrow all plaintiff JAMINEAU all defendant S c Sel Cas t king Eq Cas Abr  Str see Ogden v sander Wheaton U S A Ellis v MHenry lr c p Nov in court Lord  chancellor Sel Cas in Chan S c by the law of Leghorn if the drawer fail before  the bill be accept and the acceptor have no notice of it he be not oblige to  pay the bill unless he have effect of the drawer in his hand and then he shall  answer on for their value the sentence of a foreign court be bind in our court  and a perpetual injunction be grant to a action bring on two bill of exchange  the acceptance have be vacate in the court of Leghorn vern Chan Cas Carthew  Chan Cas Nels Fol Rep in can Swinb part sect n Nels vol Rep in can one try for  a murder beyond sea plead in bar a trial in Spain and a acquittal this be a  good plea show Skinner a merchant in London on the d of January draw two bill  of exchange on the plaintiff at Leghorn one for seven hundred piece of eight  the other for eight hundred amount in the whole to pound sterling Payable to  the defendant and company or order three month after sight the defendant  enclose they in a letter to his copartner at Leghorn who endorse they over to  Nevil and Bouciere and they endorse they over to langlois and company and the  plaintiff accept they the that of February the that of February Skinner stop  payment of which the plaintiff have advice by letter bear date the say that of  February which come to their hand before the bill become due the refuse  payment and it be the law of Leghorn that the acceptor of a bill must either  pay it or go to prison without bail or mainprize or if he have any objection  to the payment he must bring the money into court and prosecute the suit at  his own charge the plaintiff accord bring the money into court and cite  langlois and company to appear and upon hear the mosely report cause the  acceptance be vacate against the defendant and all the endorsees and  negotiator of the bill and the money deposit be return to the plaintiff for by  the law of Leghorn if the drawer have fail before the acceptance of the bill  and the acceptor at that time have no notice thereof he shall not be oblige to  pay the bill unless he have effect of the drawer in his hand and then he shall  be only answerable for their value now it be impossible the plaintiff when  they accept the mosely report er p bill shall know Skinner have fail because  the letter which advice they of it bear date the same day with the acceptance  and they have no effect of Skinner but he be indebt to they pound soon after  the plaintiff come into England upon which the defendant bring his action  against they in the court of common plea for the pound and the plaintiff file  this bill for a injunction which be grant till the hear of the cause upon the  plaintiff give judgement with a release of error and the cause now come on to  be hear the Lord chancellor decree a perpetual injunction against the  defendant and that they shall acknowledge satisfaction upon the judgement for  his lordship declare as the cause have receive a determination in a proper  judicature that shall be bind there and to prove that our court have always a  regard to the sentence of foreign court he quote a case where one be try for  murder commit beyond the sea on the statute of h plead in bar that he have be  try in Spain and acquit and the plea be allow and his lordship further say  that our court of admiralty every day put in execution the sentence of a  foreign admiralty certify to they though langlois and company be the last  endorsees have the sole property of the bill and be therefore make the only  party to the suit at Leghorn yet the sentence make the acceptance void against  the now defendant and all other the Lord chancellor allow this will have be a  proper defence at law yet will not dismiss the bill because the plaintiff have  give a judgement with release of error and a difficulty may arise at law as  the plaintiff in the action be not the person against who the sentence be give  in mosely report Leghorn and his lordship say that this foreign judgement may  be either plead to the action or give in evidence as if a seaman bring a  assumpsit for wage the defendant may plead in bar a sentence of the admiralty  or give it in evidence upon non assumpsit because it defeat the promise the  defendant council insist that by the general custom of merchant a acceptor be  at all event liable and that it will be very prejudicial to trade if merchant  in one place shall have great advantage than in another and be a great  detriment to subsequent endorsees that a sentence of divorce in Italy have be  refuse to be receive in evidence here because they proceed there by a  different law and that it be adjudge in bland case that stop payment be no act  of bankruptcy