Parsons v Middleton
| Jurisdiction | England & Wales |
| Judgment Date | 12 March 1847 |
| Date | 12 March 1847 |
| Court | High Court of Chancery |
English Reports Citation: 67 E.R. 1164
HIGH COURT OF CHANCERY
[261] parsons v. middleton. March 11, 12, 1847. An order signed by A., addressed to his bankers, directing them out of the balance due to him on the final arrangement of his account, to pay to B. a certain sum, and which order was forthwith; placed in the hands of B., who, accompanied by A., immediately proceeded to -the .banking-house and delivered it to the bankers: Held to be an instrument requiring a bill stamp within the statute 55 Geo. 3, c. 184. .-...:' ' Held, also, that although the intention of A;: and B. was that the order should be forthwith delivered to the bankers, yet the fact:that the order was, according to the agreement, delivered by A. to B. (the payee),.brought it within the provisions of the Stamp Act, applicable to an instrument; of that character. , . That the agreement (according to which the order was made) to give B. a lien on the 6 HARE, 262. PARSONS V. MIDDLETON 1165 property of A. in the hands of the bankers, consisting of various shares and securities on which the bankers had a prior charge for the amount of the advances made by them to A., could not be established as separate from and independent of the order, treating the order merely as a notice of the agreement given to the bankers, but that the agreement must be regarded as giving B. only such a lien (if any) as the order created. The Defendant, Middleton, being on the 27th of February 1844 indebted to the Plaintiff in the sum of 1977, payment of which was demanded, proposed to give the Plaintiff a charge or lien on shares in various railways, and other securities and E roperty which had been deposited with the Defendants, Moss & Co., bankers, of iverpool, and were subject to a prior charge in their favour. The Defendant, Middleton, then wrote and signed a document upon unstamped paper in the following words:-"27th February 1844.-Messrs. Moss & Co.-Gentlemen,-Out of any balance which may be due to me after final arrangement of the account, I will thank you to pay to George Parsons, Esq., 1977. I remain, your obedient servant, John Middleton." This document^ upon being signed, was delivered to the Plaintiff, and thereupon the Plaintiff and Defendant, accompanied by a clerk of the Plaintiff, went to the banking-house of Moss & Co., and had an interview with the Defendant, Thomas Moss, one of the partners, at which interview the Plaintiff presented the document to Thomas Moss, and after a conversation, as to the purport of which there was some dispute, the document was left with Thomas Moss, and remained in his possession. On the 9th of June 1845 the Plaintiff sent to the Defendants, Moss & Co., this notice :-"I, the undersigned G. Parsons, do hereby give you notice to pay to me all such principal money and interest as have been, or are, [262] or may hereafter be in your possession, applicable under and by virtue of a certain order or assignment in writing in my favour, bearing date on or about the 27th of February 1844, made and given by and under the hand of Mr. J. Middleton, whereby he did desire, order or direct you to pay to me the sum of 1977, or thereabouts, out of any balance of monies which might be due from you to the said J. Middleton after realizing the securities in your hands; and which written order or assignment was delivered by me to you on or about the day when it bears date, and was accepted and assented to by you. 8th June 1845. Geo. Parsons." The...
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