Israel v Benjamin
| Jurisdiction | England & Wales |
| Judgment Date | 11 July 1811 |
| Date | 11 July 1811 |
| Court | High Court |
English Reports Citation: 170 E.R. 1299
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
30AMP. 40 ISRAEL V. BENJAMIN 1299 [40] Thursday, July 11, 1811. israel v, benjamin. (Th an action on a bill of exchange, after payment of money into Court, the defendant cannot object to the sufficiency of the stamp on which the bill is drawn. Q. Whether a 2s. stamp be sufficient for a bill for " 50 with all legal interest * " Payment of money into Court can only be proved by the rule for paying it in.) This was an action against the defendant as acceptor of a bill of exchange drawn by the plaintiff in the following words : " Two months after date pay to me or my order 50 sterling with all legal interest for the same." The bill had a 2s. stamp applicable to bills above 30 and not exceeding 50. The defendant had paid 20 into Court upon the whole declaration Garrow, for the defendant, contended, that the stamp was insufficient, as the bill wag to eairry interest from the date of it, and therefore a larger sum was payable upon it than 50. Lord Bllenborough.-The defendant is precluded from taking this objection by the payment of money into Court, which admits the validity of the instrument.-His Lordship was likewise inclined to think the stamp sufficient, a,s there was no interest due when the bill was drawn, as it was then a security for the sum of 50 and no more, dnd as there is always interest to be recovered if the bill is not...
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