Gale against Capern
| Jurisdiction | England & Wales |
| Judgment Date | 24 April 1834 |
| Date | 24 April 1834 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 1146
IN THE COURT OF KING'S BENCH
S. C. 3 N. & M. 863; 3 L. J. K. B. 140.
gale against capekn. Thursday, April 24th, 1834. A plea of set-off stated, that the plaintiff made his promissory note payable to A. C., which was duly indorsed and delivered to the defendant after A. C.'s death, by A. C.'s administrator, and was unpaid. Replication, that the supposed cause of set-off on the said note did not accrue to defendant within six years, in manner and form, &c.: Held, that this replication admitted, not only the making of the note, but the indorsement of it to the defendant by A. C.'s administrator; and that the defendant might, there- iAD,&E.io3. gale v. capern 1-1.47 fore, avail himself of memorandums of the payment of interest, written on the note by A. C. (before Lord Tenterden's Act,) to bar the Statute of Limitations. [S, C. 3 N. & M. 863 3 L. J. K. B, 140.] Declaration (of Michaelmas term 1832) in assampsit on an award. Plea of set-off, stating, among other things, that the plaintiff was indebted to the defendant in the sum of, &c., upon a promissory note, dated the 4th of February 1826, made by the plaintiff; and whereby the plaintiff promised to pay [1033 am Catford, in her lifetime, or order, 1001., with interest at 5 per cent., on demand, which promissory note, before the commencement of this suit and after the death of Ann Gatford, to wit, &c., was, in due manner, indorsed and delivered to the defendant by Robert Pine, who was then the administrator of A. C., with her will annexed, and which promissory note remains unpaid. Replication, " That the said supposed debt and cause of set-off upon the said promissory note did not, nor did any part thereof, arise or accrue to the defendant at any time within six years next before the commencement of this suit, in manner and form as the defendant hath in his plea in that behalf alleged." Issue thereon. At the trial before Bosanquet J., at the last Exeter Assizes, the note was produced, corresponding with the statement in the plea. There was a subscribing witness to the signature; and on the back of the note were the following indorsements :-" 1827, April 5th. Received, for one year's interest, 51. A. Catford." 1828, March 31. A similar indorsement. And, "Pay Thomas Capern, or order. Robt. Pine." The indorsements of interest paid were proved to be in the handwriting of Ann Catford, but no witness was called to prove the making of the note, or the...
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