John Storm against Edward Stirling
| Jurisdiction | England & Wales |
| Judgment Date | 01 June 1854 |
| Date | 01 June 1854 |
| Court | Court of the Queen's Bench |
English Reports Citation: 118 E.R. 1353
COURTS OF QUEENS BENCH AND THE COURT OF EXCHEQUER CHAMBER.
S. C. 23 L.J.Q.B. 298; 18 Jur. 788: affirmed in Exchequer Chamber, 6 El. & Bl. 333.
john storm against edward stirling. Thursday, June 1st, 1854. Defendant signed, and delivered to plaintiff, a written instrument, containing the following words: "nine months after date, I promise to pay to the secretary for the time being of The Indian " &c. "Society, or order, Company's rupees, twenty thousand, with interest at the rate " &c.; " and I hereby deposit in his hands twenty two Union Bank shares," " by way of pledge or security for the due payment of the said sum of Company's rupees, twenty thousand, as aforesaid ; and, in default thereof, hereby authorize the said secretary for the time being, forthwith, either by private or public sale, absolutely to sell or dispose of the said twenty two Union Bank shares, so deposited with him; and out of the proceeds of sale to reimburse himself the said loan of Company's rupees, twenty thousand, and interest thereon, as aforesaid, he rendering to me any surplus which may be forthcoming from such sale. And I hereby promise and undertake to make good whatever, if anything, may be wanting over and above the proceeds of such sale, to make up the full amount of the said loan of Company's rupees, twenty thousand, and interest as aforesaid."-Plaintiff, at the time of the making and delivering of this paper, and thence forward continually till the expiration of the nine mouths, and ever since, had been secretary of the Society. An action having been brought by him against defendant, after the expiration of the nine months, as upon a promissory note, the declaration averring the plaintiff to have been and to be secretary as aforesaid, and the defendant having denied making the note :-Held, that the instrument was not a promissory note, the payee being uncertain at the time of the making.-Qusare, Whether, independently of this objection, the (1) 2 Dowl. P. C. 442. In the 2d line of the report there, it seems that " plaintiff" should be read for " defendant." K. B. XLvn.-43* 1354 STORM V. STIRLING 3 EL. & BL 883. promise by the maker to pay in default of the deposit making up the sum would have prevented the instrument from being a promissory note? [S. C. 23 L. J. Q. B. 298; 18 Jur. 788 : affirmed in Exchequer Chamber, 6 El. & Bl. 333.] First count. That, whereas defendant, on 10th March 1845, in parts beyond the seas, to wit at [833] Calcutta in the East Indies, made his promissory note in writing, and thereby promised to pay to the secretary for the time being of The Indian Laudable and Mutual Assurance Society twenty thousand Company's rupees, with interest at the rate of six per cent, per annum, nine months after the date thereof, which period and the time for payment of the said note had expired before the commencement of this suit j and then delivered the said note to the plaintiff, who, at the making of the said promissory note and from thence hitherto, was and is the secretary of the said Indian Laudable and Mutual Assurance Society : averment that the said sum of twenty thousand Company's rupees was and is of great value, to wit of 20001. of lawful &c. Breach : Non-payment. Plea to this: That defendant " did not make the alleged promissory note." The plaintiff took issue on this plea. There were also other issues of fact. On the trial, before Crornpton J., at the Middlesex sittings in Michaelmas Term, 1853, a special verdict was found ; of which the parts now material were as follows. As to the first issue. That the defendant, at a certain place &c. (as in the declaration), made and signed, and delivered to the plaintiff, a document in the words and figures following, that is to say : "C. 20000. "Calcutta, 10th March, 1845. "Nine months afterdate, I promise to pay to the secretary for the time being of The Indian Laudable and Mutual Assurance Society, or order, Company's rupees, twenty thousand, with interest at the rate of six per cent, per annum. And I hereby deposit in his hands twenty two Union Bank shares, as particularized at foot, [834] by way of pledge or security for the due payment of the said sum of Company's rupees, twenty thousand, as aforesaid; and, in default thereof, hereby authorize the said secretary for the time being, forthwith, either by private or public sale, absolutely to sell or dispose of the said twenty two Union Bank shares, so deposited with him; and out of the proceeds of sale to reimburse himself the said loan of Company's rupees, twenty thousand, and interest thereon, as aforesaid, ho rendering to me any surplus which may be forthcoming from such sale. And I...
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