Morgan against Palmer
Jurisdiction | England & Wales |
Date | 1824 |
Year | 1824 |
Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 554
IN THE COURT OF KING'S BENCH.
S. C. 4 D. & R. 283; 2 L. J. K. B. O. S. 145. Discussed, Waterhouse v. Keen, 1825, 4 B. & C. 212. Principle applied, Cook v. Leonard, 1827, 6 B. & C. 355; Hooper v. Exeter Corporation, 1887, 56 L. J. Q. B. 458.
[729] morgan against palmer. Tuesday, May 1$, 1824. In assumpsit for money had and received, it was proved that Yarmouth has been a borough from time immemorial, and that until the time of Queen Anne the chief officers of the corporation were two bailiffs; and various charters had confirmed to them all the fees before received by them. By stat. 1 Ann. st. 2, e. 7, all fees payable to the bailiffs were, to become payable to the mayor when the style of the corporation should be changed, which was done by charter in the following year. At a meeting duly holden before the defendant,, then mayor, (he being by virtue of his office a justice of peace,) and another justice, for granting and renewing the licences of publicans, the plaintiff applied to have his licence renewed, and upon having it done, was required to pay, amongst other fees, the sum of 4s. to the mayor, which was proved to have been regularly paid for a period of sixty-five years: Held, first, that the defendant was not entitled to take any such fee; for the payment for sixty-five years did not raise a presumption that it had been immemorially paid to the bailiffs or mayor of Yarmouth, inasmuch as licences were not granted until the reign of Ed. 6, and the defendant, as justice of peace, was not entitled to any fee for granting the licence. Secondly, that the defendant was not entitled under the 24 G. 2, c. 44, to notice of the action about to be brought against him, for that the fee could not have been taken by him as a justice, colore officii. Thirdly, that the payment was not voluntary so as to preclude the plaintiff from recovering the money in this action. [S. C. 4 D. & E. 283; 2 L. J. K. B. 0. S. 145. Discussed, Waterhouse v. Keen, 1825, 4 B. & C. 212. Principle applied, Cool v. Leonard, 1827, 6 B. & C. 355; Hooper v. Exeter Corporation, 1887, 56 L. J. Q. B. 458.] Assumpsit to recover a sum of 4s. paid by the plaintiff, who is a publican in the borough of Great Yarmouth, to the defendant as mayor of that borough, and claimed by the defendant as having become due to him on granting to the plaintiff his annual licence as a publican. At the trial before Garrow B., at the Norfolk Lent Assizes, 1823, a verdict was found for the plaintiff, subject to the opinion of this Court on the following case. In the month of September, 1822, a meeting was duly held by the defendant, (who, in his character of mayor, was then one of the justices of the peace in and for the borough,) and by another justice of the peace in and for the borough, for the purpose of renewing the annual licences of the publicans in the borough. The plaintiff attended at that meeting in order to obtain a renewal of his licence, and the clerk to the justices, who is also town clerk, and clerk of the peace for the borough, on granting to the plaintiff his licence, demanded a sum of 12s. 6d., which the plaintiff accordingly paid. The clerk then paid over to the defendant a sum of 4s., part of the sum of 12s. 6d., which he had [730] received, on the account and by the authority of the defendant as mayor; he also paid over a sum of 2s., other part of the said 12s. 6d., to the serjeant at mace, and retained the sum of 4s. 6d. as clerk of the justices, and 2s., the residue thereof, to his own use as clerk of the peace. Great 2 B. &C.731. MORGAN V. PALMER 555 Yarmouth is an ancient and immemorial borough. Until the reign of Queen Anne the chief officers of the corporation were two bailiffs. Various charters, from the reign of King John to that of Queen Anne, granted to the bailiffs all ancient and usual perquisites, fines, emoluments, and profits, which they had before by pretext of any incorporation...
To continue reading
Request your trial-
R v Commissioners of Inland Revenue ex parte Woolwich Equitable Building Society
...3 KB 106 Mason v New South Wales UNK(1959) 102 CLR 108 Maxwell v Griswold (1850) 10 How 242 Morgan v Palmer ENRENR(1824) 2 B & C 728; 107 ER 554 Moses v Macferlan ENRENR(1760) 2 Burr 1005; 97 ER 676 Muinski v Dodds UNK(1985) 62 ALR 429 National Pari-Mutuel Association Ltd v The King (1930) ......
- Nurdin and Peacock Plc v D B Ramsden and Company Ltd
-
Woolwich Equitable Building Society v Commissioners of Inland Revenue
...the goods without payment of a fee. The plaintiff paid, and recovered the goods. He then sued to recover the payment and succeeded. Morgan v. Palmer (1824) 2 B. & C. 728. The Mayor of a borough improperly charged a fee for renewing a publican's licence. The fee was recoverable. Maskell v. H......
-
Ipswich Town Football Club Company Ltd v The Chief Constable of Suffolk Constabulary
...necessary for us to concern ourselves with this point of classification. Examples of influential early cases are Morgan v. Palmer (1824) 2 B & C 729 and Steele v. Williams (1853) 8 Ex 625; a later example of some significance is T. & J. Brocklebank Ltd. v. The King [1925] 1 KB 52. (c) Mone......
-
Duress, commercial pressure and the modern law
...v. Davy (1692) 1 Ld. Raym. 742. 17 See Willes J. in Great Western Railway v. Sutton (1869) L.R. 4H.L. 226 at 249; Morgan v . Palmer (1842) 2 B&C 729, 737; Goff and Jones, The Law of Restitution 308, 320-327 (Sweet & Maxwell, 5 th edn. 1998). 18 (1964)7W.I.R. 275. and that the respondent's "......