Penny v Cole; Pinnel's Case

JurisdictionEngland & Wales
Judgment Date01 January 1616
Date01 January 1616
CourtCourt of Common Pleas

English Reports Citation: 77 E.R. 237

IN THE COMMON PLEAS.

Pinnel's Case

Followed, Foakes v. Beer, 1884, 9 App. Cas. 605; Bidder v. Bridges, 1887, 37 Ch. D. 413.

5 oo.see.ma. pinnel's case 237 [117 a] pinnel's case. Trin. 44 Eliz. Rot. 501. In the Common Pleas. [Followed, Foakes v. Beer, 1884, 9 App. Gas. 605; Bidder v. Bridges, 1887, 37 Ch. D. 413.] Payment of a lesa sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole. The gift of a horse, hawk, robe, &c. in satisfaction, is good. Payment of part before the day, and acceptance, may be in satisfaction of the whale; so payment of part at a different place. The payment of part ought to be pleaded to be paid in full satisfaction; it is not sufficient to aver that it was accepted in full satisfaction. The manner of the tender, and of the payment, shall be directed by him who made them, not by him who accepts. *An acknowledgment of satisfaction by deed, is a good bar, without any thing received.* S. C. Moor. 677. See 3 Cases in Law, &c. 304. Lucas 224. 304. Pinnel brought an action of debt on a bond against Cole, of 161. for payment of 81. 10s. the llth day of Nov. 1600. The defendant pleaded, that he at the instance...

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40 cases
  • Gooi Seang Tuck v Tan Peng Loon and Another
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1959
  • D & C Builders Ltd v Rees
    • United Kingdom
    • Court of Appeal
    • 12 November 1965
    ...by the settlement. He can the next day sue the debtor for the balance: and get judgment. The law was so stated in 1602 lay Lord Coke in Pinnel's case (1602) 5 Coke's Reports, p. 117a — and accepted in 1889 by the House of Lords in Foakes v. Beer (1884) 9 Appeal Cases, p. 8Now, suppose that ......
  • Koh; Koh
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    • High Court (Malaysia)
    • 1 January 1965
  • Permanent TSB Plc formerly Irish Life and Permanent Plc v Walsh
    • Ireland
    • High Court
    • 31 January 2019
    ... ... Mr Walsh, the plaintiff rightly contended that thanks to Pinnel’s Case (1602) 5 Co. rep. 117a any such agreement (which the plaintiff denied) ... ...
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6 books & journal articles
  • Dispute resolution
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...and Satisfaction by Way of Full Settlement Cheque” (2011) 27 Journal of Contract Law 119. 233 Pinnel’s Case (1603) 5 Coke’s Rep 117a [77 ER 237]; Foakes v Beer (1884) 9 App Cas 605; Bradford & Bingley plc v Rashid [2006] 1 WLR 2066 at 2091 [83], per Lord Mance. See also Mitchell v Paciic Da......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...Act: Open Court) [1997] 1 All ER 58, [1996] 2 All ER 765, [1996] 3 FCR 705, CA 124 Pinnel’s Case (1602) 5 Co Rep 117a, Moore KB 677, 77 ER 237, CtCP 177 Polley v Warner Goodman & Streat (A Firm) [2003] EWCA Crim 1013, [2003] PNLR 784, [2003] All ER (D) 400 (Jun) 213 Porter v Magill; Weeks v......
  • Consideration and Form
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Enforceability
    • 4 August 2020
    ...satisfaction” might apply notwithstanding the absence of consideration. The doctrine of accord and satisfaction 208 (1602), 5 Co Rep 117, 77 ER 237 (CP). 209 See Stoljar, above note 2 at 119–21. 210 (1884), 9 App Cas 605 (HL). See generally M Lobban, “ Foakes v Beer (1884)” in C Mitchell & ......
  • Specific Performance – Exploring the Roots of ‘Settled Practice’
    • United Kingdom
    • Wiley The Modern Law Review No. 61-3, May 1998
    • 1 May 1998
    ...example, the primary reason for the House of Lords in Foakes vBeer (1884) 9 App Cas605 not overruling Pinnel’s Case (1602) 5 Co Rep 117a, 77 ER 237 in the context of the insufficiencyof consideration in respect of a promise to accept part payment in full settlement of a money debt. Seenow a......
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