Adams v Wordley
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1836 |
| Date | 01 January 1836 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 479
EXCH. OF PLEAS.
S. C. 1 Tyr. & G. 620; 2 Gale, 29; 5 L. J. Ex. 158.
1 M. &W. 375. ADAMS t,'. WORULEY 479 adams v. wordle^. Exch. of Pleas. 1836.-Assumpsit by the drawer against the acceptor of two bills of exchange, payable respectively six and twelve months after date. The plea set forth an agreement (not stated to be in writing) between the plaintiff and defendant, by which, before the making of the bills, it was agreed that the defendant should be discharged from all liability in an action commenced against him by the plaintiff on a promissory note, on his paying the plaintiff the costs of such action, and a certain sum of money, and accepting the bills of exchange in question,-in case the plaintiff should recover in another action brought by him agaitist another party, on a promissory note given under similar circumstances to the defendant's; and that until he should so recover, or if he should not so recover, he should not call for payment of the bills of exchange: and the plea averred that the defendant accordingly paid the costs and money agreed for, and accepted the bills of exchange in question; and that the action against such third party was still undetermined:-Held, on demurrer, that the plea was bad ; inasmuch as the defendant could not vary the absolute contract entered into by the bills of exchange by a contemporaneous oral contract inconsistent with it. [S. C. 1 Tyr. & G. ( 20; 2 Gale, 29; 5 L. J. Ex. 158.] Assumpsit by the drawer against the acceptor of two bills of exchange, dated 29th December, 1834, for 451. each, payable, one six months, the other twelve months after date. Plea -That long before the making by the plaintiff', and the accepting by the defendant, of either of the said bills of exchange, to wit, on tho 23rd of January, 1826, the defendant and John Gaitt had made their certain joint and several promissory note in writing, and therehy jointly and severally promised to pay to Messrs, [375] Henry Wyatt & Sous, or their order, ,'iOOl. for value received, with interest at 51. per cent, per annum from the date thereof, and which said promissory note tho said H. Wyatt & Sons afterwards, and before the making and accepting of either of the said bills of exchange, to wit, on the 31st of October, 1831, indorsed to certain persons using the name, style, and firm of Messrs. Wyatt Si Thompson ; and afterwards, and before the making and accepting of either of the said bills, to wit, on the day and year last aforesaid, the defendant paid to the said persons so using the name, &c. of Messrs. Wyatt & Thompson as aforesaid, the said sum of money in the said promissory note specified, with the interest thereon ; that the said Wyatt & Thompson then...
To continue reading
Request your trial
-
The Queen against The Inhabitants of Ecclesall Bierlow
...Foster v. Jolly, 1 C. M. & R. 703, S. C. 5 Tyrwh. 239; Mosdey v. Hanford, 10 B. & C. 729; Meres v. Ansett, 3 Wils. 275; Adams v. WordUy, 1 M. & W. 374, S. C. Tyrwh. & Gr. 620; Maget v. Atkinson, 2 M. & W. 440; Jones v. Littledale, 6 A. & E. 486; Paterson v. Gandasequi, 15 East, 62 ; 2 Phill......
-
Boulcott and Another v George Woolcott
...& W. 236. Sixfh ground, that the agreement should be stated to have been in writing; Case v. Barter, Sir T. Ray. 450; Adams v. Wardley, 1 M. & W. 374 ; T. & Gr. 820. Also, that the replication was an argumentative traverse of the allegation that plaintiff's indorsed to defendant, and should......
-
Davies v Stainbank
...agreement of September 1850. They referred to Paw v. Hirst (10 B. & C. 122), Harrism v. Nettleship (2 Myl. & K. 423), Adams v. Wordky (1 M. & W. 374), Sank of Inland v. Beresfwd (6 Dow. 233), Laxton v. Peat (2 Campb. 185), Newton v. Chorlton (10 Hare, 646; see Strmg v. Foster, 17 C. B. 201;......
-
Spartali and Others v Benecke and Others
...by a numerous class of cases relating to bills of exchange and promissory notes made payable on days certain: Adams v. Wordley (1 M. & W. 374); Foster v. Jolly (1 0. M. & E. 703); Free v. .Hawkins (8 Taunt. 92,1 J. B. Moore, 535); Moseley v. Ranford (10 B. & C. 729, 5 M. & E. 607); Hoare v.......