Offord v Davies and Another
| Jurisdiction | England & Wales |
| Judgment Date | 02 June 1862 |
| Date | 02 June 1862 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 1336
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 31 L. J. C. P. 319; 6 L. T. 579; 9 Jur. N. S. 22; 10 W. R. 758. Commented on, Coulthart v. Clementson, 1879, 5 Q. B. D. 46. Adopted, Beckett v. Addyman, 1882, 9 Q. B. D. 789. Approved, In re Crace, [1902] 1 Ch. 737.
ofk)rd v. davies and amothek. June 2nd, 1802. [S. Q 31 L. J. C. P. 319 ; 6 L. T. 579 ; 9 Jur. N. S. 22; 10 W. R. 758. Commented oiij Cmtlthart v. Clementsmi, 1879, 5 Q. B. D. 46. Adopted, Beckett v. Addymau, 1882, 9 Q. B. D. 789. Approved, In re Orate, [1902J 1 Ch. 737.] Held, that a guarantee to secure moneys to be advanced to a third party on discount, to a certain extent, "for the space of twelve calendar months," is countermaiidable within thattiine.-But see Bradbury v. Morgan, 31 Law J., Exch. 462. This was an action upon a guarantie. The first count of the declaration stated that, by a certain instrument in writing signed by the defendants, and addressed and delivered by the defendants to the plaintiff, the defendants undertook, promised, and agreed with the plaintiff in the words and figures following, that is to say,-" We, the undersigned, in consideration of your discounting, at our request, bills of exchange for Messrs. Davies & Co., of Newiown, Montgomeryshire, drapers, hereby jointly and severally guarantee for the yfiace'ioj twelve calemlar months the due payment of all such bills of exchange, to the exteiit of 6001. :' And we further jointly and severally undertake to make good any loss Or expenaeslyou may sustain or incur in consequence of advancing Messrs. Davies & Co. such moneys: " Averment, that the plaintiff, relying on the said promise of the defendants, aJter the making of the said promise, and within the space of twelve calendar months thereafter, did discount divers bill of exchange for the said Messrs. Davies & Co., of Newtown aforesaid, certain of which bills of exchatige became due and (a) The issue of fact was not tried, the defendant having become insolvent. 13 C. B. (H. S.)79. OFFORD V. UAVIES 1337 payable before the commencement of this suit, but were not then or at any other time duly paid, and thejsaid bills [749] respectively were dishonoured; and that the plaintiff', after the making of the said promise, and within the said twelve calendar months, advanced to the said Messrs. Davies & Co. divers sums of money on and in respect of the discount of the said last-mentioned hills so dishonoured as aforesaid, certain of which moneys were due and owing to the plaintiff before and at the time of the commencement of this suit; and that all things had happened and all times had elapsed necessary, ike. ; yet that the defendants broke thoir said promise, and did not pay to the plaintiff or to the respective holders for the time being of the said bills of exchange so dishonoured as aforesaid, or to any other person entitled to receive the same, the respective sums of money payable by the said bills of exchange ; nor did the defendants pay to the plaintiff the said sums of money so advanced by the plaintiff as aforesaid, or any part thereof; whereby the sums payable by the said bills of exchange so dishonoured as aforesaid became lost to the plaintiff, and he became liable to pay and take up certain of the said bills of exchange, and did pay and take up certain of the said bills of exchange, and was forced and obliged to and did expend certain moneys in endeavouring to obtain part of certain of the said bills of exchange, and the plaintiff lost the interest which he might have made of his moneys if the said bills had been duly paid at maturity. Fourth plea, to the first count, -so far as the same relates to the sums payable by the defendants in respect of the sums of money payable by the said bills of exchange and the said sums so advanced,-that, after the...
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