Farquhar, Bart. against Morris
Jurisdiction | England & Wales |
Judgment Date | 01 February 1797 |
Date | 01 February 1797 |
Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 889
IN THE COURT OF KING'S BENCH.
[124] farquhar, bart, against morris. Wednesday, Feb. 1st, 1797. A bond dated on a day certain in a penal sum conditioned for payment of a lesser sum generally, without naming any day of payment, is payable on the day of the date; and upon any action brought upon it, the Court will refer it to the Master to compute principal, interest, and costs thereon, and on payment of the same stay the proceedings by virtue of the 4 Ann. c. 16, s. 13. Interest is due on such bond though not expressly reserved. Debt on bond dated on a day certain in the penal sum of 8001. conditioned to pay 4001. but no day of payment was expressly named, nor interest reserved in terms. The defendant, before plea pleaded, obtained a rule of reference to the Master, grounded upon the 4 Ann. c. 16, s. 13, to compute what was due, for principal, interest, and costs, and on payment of the same to stay the proceedings.' The Master doubted whether he was authorised to proceed in this inquiry, because the 12th section of the Act speaks only of "any bond which hath a condition or defeazance to make void the same upon payment of a lesser sum at a day or place certain ;" and the 13th section, upon which the rule was obtained, is confined to "any such bond." And here there was no day certain mentioned for the payment of the money. It was therefore now moved on the part of the defendant by Perceval and Wood, that the Master might be directed to proceed under the former rule. And they mentioned Bonafous v. Rybot, 3 Burr. 1370, where Ld. Mansfield said that the Act of Parliament, being merely_confirmatory of the original jurisdiction of the Court, ought to...
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Al-Wazir v Islamic Press Agency Inc.
...in Re Drax was affirmed by this court on appeal. 15 Those are the leading modern statements of a principle which goes back at least to Farquhar v Morris (1797) 7 Term Rep. 124. The judge stated that the principle did at first sight apply and he considered four arguments put forward by Mr Ro......