Green, Executrix of Daniel Boaz, Deceasd, against Davies
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1825 |
| Date | 01 January 1825 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 1046
IN THE COURT OF KING'S BENCH.
S. C. 6 D. & R. 306; 3 L. J. K. B. O. S. 185; and at Nisi Prius, 1 Car. & P. 451 Followed, Ashlin v. Boon, [1891] 1 Ch. 568.
£235] green, Executrix of Daniel Boaz, Deceased, against davies. 1825. An instrument in the following form: "Received of A. B. 1001., which I promise to pay on demand, with lawful interest," is a promissory note. In assumpsit by an executrix on a promissory note for 1001., made in 1814, and payable to her testator, and for money had', &c., it appeared on the production of the note that it had a threepenny receipt stamp and a one pound agreement stamp, and there was indorsed upon it a receipt for a penalty of 51. and 11. duty. The proper stamp for such a note in 1814, was a three shilling stamp: Held, that as it appeared upon the face of the note that it had been issued without having affixed to it a stamp equal in amount to that required by law, the commissioners had no power after it had been issued to affix to it another stamp, and, therefore, that it was not receivable in evidence, either in support of the count for the promissory note or of the money counts. The defendant, on being applied to by the plaintiff for payment of interest, stated that he would bring her some on the following Sunday : Held, that although this was an admission that something was due, still as it did not appear what the nature of the debt was, or that it was due to the plaintiff as executrix or in her own right, or that it was one for which 4 B. & C. 236. GBEEN V. DA VIES 1047 assumpsit would lie, the plaintiff was not entitled to recover even nominal damages, and a nonsuit was entered. [S. C. 6 D. & K. 306; 3 L. J. K. B. 0. S. 185; and at Nisi Prius, I Car. & P. 451. Followed, Ashlinv. Bom, [1891] 1 Ch. 568.] Assumpsit on a promissory note for 1001., dated the 23d of December 1814, payable to Daniel Boaz, with lawful interest. Pleas, general issue, and the Statute of Limitations. At the trial before Park J., at the Summer Assizes for the county of Stafford 1824, the plaintiff produced in evidence the following instrument: " December 2, 1814. Eeceived of Mr. Boaz 1001. which I promise to pay, with lawful interest," and proved the hand-writing of the defendant to it. The note had upon it a threepenny receipt stamp, and a 11. agreement stamp, and on the back of it there was a receipt for a penalty of 51. and the 11. duty. It was further proved that about two months before the trial, application was made to the defendant* on the part of the plaintiff to send her a little interest of her money, to which the defendant replied, " he was thinking about the old lady and that she would be wanting some, and that on the Sunday he would bring her some interest of her money." It was proved that no interest had ever been paid. It was objected, on the part of the defendant, that [236] the note was not receivable in evidence, because it had not a three shilling stamp as required for a promissory note of this description by the 48 G. 3, c. 149, which was the Stamp Act in force at the time when the note was made. The learned Judge reserved the point, and the plaintiff had a...
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