Denby against Moore
| Jurisdiction | England & Wales |
| Judgment Date | 15 November 1817 |
| Date | 15 November 1817 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 46
IN THE COURT OF KING'S BENCH.
Applied, Andrew v. Hancock, 1819, 3 Moore, 289. Distinguished, Hales v. Freeman, 1819, 4 Moore, 31. Referred to, Stubbs v. Parsons, 1820, 3 B. & Ald. 518; Cumming v. Bedborough, 1846, 15 M. & W. 440; Lamb v. Brewster, 1879, 4 Q. B. D. 222, 607. Principle applied, Wilson v. Burne, 1888, 89, 24 L. R. Ir. 30, 39. Principle approved but not applied, Glasgow Tramways Company v. Glasgow Corporation, 1897, 24 Rettie, 635.
D^fE^f'against MOORE. Friday, Nov. 15th, 1817. An occupier of lands having, during a course of twelve years, paid to the collector of taxes the landlord's property tax, and the full rent as it became due to the landlord, without claiming any deduction on account of the tax so paid : Held that the occupier could not recover back from the landlord any part of the property-tax so paid. [Applied, Andrew v. Hancock, 1819, 3 Moore, 289. Distinguished, Hales v. Freeman, 1819, 4 Moore, 31. Referred to, Stubbs v. Parsons, 1820, 3 B. & Aid. 518; Gumming v. Sedborough, 1846, 15 M. & W. 440; Lamb v. Brewster, 1879, 4 Q. B. D. 222, 607. Principle applied, Wilson v. Bwrne, 1888, 89, 24 L. E. Ir. 30, 39. Principle approved but not ap'plied, Glasgow Tramways Company v. Glasgow Corporation, 1897, 24 Rettie, 635.] Assumpsit for money had and received. Pleas, first, the general issue, and secondly, the Statute of Limitations. At the trial before Bayley J., at the last Summer Assizes for the county of York, it appeared in evidence, that the plaintiff for ten years before, and also upon the 8th day of March, 1816, had been, and was occu-[124]-pier of a messuage and farm, situate at Cowiek, in the parish of Snaith in the county of York, and rated to the property-tax for the same. Although the plaintiff occupied the farm, one George Craven, the father-in-law of the plaintiff, was the tenant to the defendant, but the plaintiff paid the rent for some years before Craven's death, which happened in November, 1812; though defendant would not allow him as his tenant, but would only give receipts to Craven. After Craven's death, plaintiff, who was his executor, paid the rent until the 2d February, 1815, when plaintiff and that the proving or claiming a debt under such commission shall be deemed an election by the creditor to take the benefit of the commission with respect to the debt so proved or claimed. (J) 1 Rose's Cases in Bankruptcy, 98. (c) Ib. 204. 1B.&ALD.125. BENBY -V. MOORE 47 defendant agreed for the farm on a tenancy, under which plaintiff himself was to be tenant to the defendant. The defendant received the full amount of his rent from the hands of the plaintiff, as and when the same became due, for the said premises so situate in Cowick aforesaid, without deducting or allowing for the landlord's property-tax charged upon the same, although the same had been and was duly paid by the plaintiff as such occupier, to the proper...
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