Harding v Ambler
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1149
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
harding v. ambiyer. Exch. of Pleas. 1838.-To assumpsit for the recovery of certain interest due to the plaintiff on the sale by him to the defendant of a policy of insurance ou life, the defendant pleaded, that by indenture made between the plaintiff and defendant, the plaintiff released, exonerated, and discharged the defendant of and from all claim and demand whatsoever for, upon, or in respect of the purchase of the policy, and all monies clue to the plaintiff in respect thereof, and of and from the supposed cause of action in the declaration mentioned. It appeared in evidence that the policy was sold subject to a condition that the purchaser should pay down a deposit of 201. per cent., and sign an agreement for payment of the remainder on the 8th June, 1835 ; but, should the completion of the purchase be delayed, the purchaser was to pay interest on the balance of the purchase money, at 51. per cent, per annum, from that day until the purchase was completed. The defendant did not complete the purchase till Jan. 1836, when he paid the purchase money in full, with interest from the 8th June, and an assignment of the policy, duly executed by the plaintiff, con- (a)1 The same motion was made iu the present case in Michaelmas Term, on the day on which Smith v. Miller was decided, and refused, the Court saying that it must follow the decision iu that case. (a)2 1 Dowl. P. C. 456. But see Doe d. Lord Dmimyton v. Cock, 4 B. & C. 259 ; Doe d. Showell v. km, 2 C. M. & R. 42 ; Doe, d. Norman v. Rue, 2 Dowl. P. C. 399, 428 ; dm d. Rouyd v. Roe, 1 Harr. and Woll. 367. 1150 i HARDING V. AMBLER 3M. &W. 280. taining a release in the terms stated in the plea, and having a receipt for the whole purchase money indorsed, was handed to the defendant. It was afterwards discovered that the plaintiffs attorney, on that occasion, under-calculated the interest by 341.:-Held, that the release was a bar to an action for that sum. [S. C. 1 H. & H. 48; 7 L. J. Ex. 132; 2 Jur. 305.] Asaiumpsit to recover the balance of certain interest claimed to be due to the plaintiff on the sale by him to the [280] defendant of a policy of insurance effected with tlje Equitable Assurance Company, in the name of the plaintiff'. There was also a count on an account stated. Plep,s, first, non-assumpsit; secondly, payment; thirdly, that, after the purchase of the said policy of...
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