Isaac against Daniel
| Jurisdiction | England & Wales |
| Judgment Date | 29 January 1846 |
| Date | 29 January 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 964
QUEEN'S BENCH
S. C. 15 L. J. Q. B. 149.
964 ISAAC V. DANTET, 8 Q. B. 600. [500] isaac uguiimt daniel. Thursday, January 29th, 1846. To an action on a bill of exchange by indorsee against drawer, defendant pleaded that the drawee accepted, and plaintiff afterwards sued drawee on the bill, and, while that suit was pending, in consideration of 21., agreed with the drawee that plaintiff should stay all further proceedings and forbear continuing to sue, for two months, during which time plaintiff could have continued further proceedings; which agreement was without the drawer's (now defendant's) consent; and that, in pursuance of the agreement, and without the drawer's consent, plaintiff did stay all further proceedings and forbear continuing to sue the drawee. Held a good plea, though it did not expressly aver that the indorsee could have obtained judgment against the drawee before the time until which he agreed to forbear. The plaintiff in the present action traversed the agreement set out in the plea; and issue was joined. Held that the drawer supported the issue on his part by merely proving the agreement, and that plaintiff was not entitled to shew, in answer, that judgment could not have been obtained earlier than the time until which he had agreed to forbear. [S. C. 15 L. J. Q. B. 149.] Assurapsit. The first and second counts were on two bills of exchange, drawn by the defendant on John Richards, indorsed by defendant to plaintiff, and not paid by Richards at maturity. The bill mentioned in the first count was for 231. 5s. 6d., dated on 15th October 1840, and payable three months after date; that mentioned in the second count was for 301., dated 2d November 1840, and payable three months after date. Plea 2 (to the first count). That John Richards, to wit on 15th October 1840, accepted the bill; and afterwards, and after the bill became due, to wit on 20th January 1841, the plaintiff, for the recovery of the amount thereof, and the damages by him sustained by the nonpayment of the same, commenced an action on promises against J. R., as such acceptor, in the Court of [501] the Queen's Palace at Westminster, plaintiff then being holder of the bill. That afterwards, and whilst the said action was pending against J. R., and before the commencement of this suit, to wit on 28th January 1841, plaintiff, in consideration of 21. then paid by J. R. to him, premised and agreed with J. R. that plaintiff should stay all further proceedings in the said action, and forbear continuing to sue or further suing him for the recovery of the amount of the bill and the damages, &c., namely from the day and year last aforesaid until a certain time, to wit for two months then next...
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