Penny v Cole; Pinnel's Case
Jurisdiction | England & Wales |
Judgment Date | 01 January 1616 |
Date | 01 January 1616 |
Court | Court of Common Pleas |
English Reports Citation: 77 E.R. 237
IN THE COMMON PLEAS.
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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