Jones and Hirst against R Simpson, Sir J. Pinhorn, J. Green, D. Nelson, G. Wilson, W. Fulford, and T. Bradley
| Jurisdiction | England & Wales |
| Judgment Date | 14 November 1823 |
| Date | 14 November 1823 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 402
IN THE COURT OF KING'S BENCH.
S. C. 3 D. & R. 545; 2 L. J. K. B. O. S. 22.
jones and hiest against E. simpson, sir J. pinhorn, J. gkeen, D. nelson, G. wilson, W. fulford, and T. bradley. Friday, November 14th, 1823. A. having consigned goods to B., sent him the following order: " Pay to A. B. the proceeds of a shipment of goods, value about 20001., consigned by me to you." C., by writing, consented to pay over the full amount of the net proceeds of the goods: Held, that neither of these instruments required such a stamp as the Stamp Acts imposed on bills, drafts, or orders for the payment of money. [S. C. 3 D. & E. 545 ; 2 L. J. K. B. 0. S. 22.] This was a case sent by the Vice-Chancellor for the opinion of this Court. In the year 1811, W. Blackburn carried on the business of a merchant, at Saddle-worth, in Yorkshire, and the defendant, Simpson, carried on the business of a [319] merchant, in partnership with the defendant Wilson, of Quebec, in Canada, such business being carried on in London in the name of Simpson alone, and at Quebec, under the firm of G. Wilson and Co. In the year 1811 W. Blackburn delivered to Simpson twelve bales of woollen cloth, invoiced at 16401. 17s. 10d., to be shipped and consigned to the firm of G. Wilson and Co. at Quebec, to be sold there on the account and at the risk of Blackburn. They were duly shipped by Simpson, and consigned to and received by the firm of G. Wilson and Co. at Quebec, by whom the same were sold, and the proceeds, or some parts thereof, were afterwards remitted to Simpson. On the 7th of August, Blackburn wrote and sent to Simpson the following order: " Mr. B. Simpson, please to pay to Nelson, on account of the assignees of Oakley, Overend, and Oakley, the proceeds of a shipment of twelve bales of goods, value about 20001., consigned by me to you." On the 21st of the same month, Simpson wrote and sent to the defendant Nelson, as one of the assignees of Oakley, Overend, and Oakley, the following undertaking : " Shipped on board the ' Sarah ' from London to Quebec, . 2B. & C. 320. JONES V. SIMPSON 403 for the account of W. Blackburn, twelve bales of woollen cloth, value, as per invoice, 16401. 17s. 10d.; there to be sold, and the proceeds to be paid by his order, dated the 7th instant, to the assignees of Oakley, Overend, and Oakley. In pursuance of the said...
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