Randall v Moon
| Jurisdiction | England & Wales |
| Court | Court of Common Pleas |
| Judgment Date | 24 April 1852 |
| Date | 24 April 1852 |
English Reports Citation: 138 E.R. 904
IN THE COURT OF COMMON PLEAS
S. C. 21 L. J C. P. 226. Distinguished, Cook v. Lister, 1863. 13 C. B. (N. S.) 585.
eandall v. moon. April 24, 1852. [S. C. 21 L. J. C. P. 226. Distinguished, Cook v. Lister, 1863, 13 C. B. (N. S.) 585.] Two actions having been brought upon a bill of exchange,-the one against the drawer, the other against the acceptor-the defendant in the first action obtained a judge's order for a stay of proceedings on payment of debt, interest, and costs :-Held, that the payment under that order could not be pleaded, in bar of the further maintenance of the second action, as a payment in satisfaction and discharge of the causes of action against the acceptor, or relied on as a ground for reduction of damages. This was an action of assumpsit on a bill of exchange for 491. 18s., drawn by one W. A. Turner upon and accepted by the defendant, and indorsed by Turner to one Worms, and by him to the plaintiff. Plea,-to the further maintenance of the action,-that, after the bill became and was due and payable, and whilst the plaintiff was the holder thereof, to wit, by reason of the said indorsement thereof to him in the declaration mentioned, and after the issuing of the writ of summons in this cause, the said W. A. Turner in the declaration mentioned, to wit, at the request of, and for and on behalf of the defendant, paid to the plaintiff, who then accepted and received of and from the said W. A. Turner, a large sum of money, to wit, a sum amounting in the whole to all the moneys in the declaration mentioned, in satisfaction and discharge of all the causes of action in the declaration mentioned; and the said W. A. Turner thereupon became entitled to have the said bill delivered up to him by the plaintiff; and the defendant further said that the plaintiff was not suing in this action as trustee of, or for the benefit of, the said W. A. Turner,-verification and prayer of judgment if, &c. Replication,-that the said W. A. Turner did not, for or on behalf of the defendant, pay to the plaintiff, nor [262] did the plaintiff receive, the money in satisfaction of the said causes of action in the declaration mentioned. The cause was tried before Maule, J., at the first.sitting at Westminster in this term. It appeared that the bill was accepted by the defendant for Turner's accommodation, but that the plaintiff had no notice of that fact; that the bill became due on the 4th of March last...
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Cook v Lister
...leading case upon this subject, and was decided upon sound principles. It was acted upon in this court in the subsequent case of Randall v. Moon, 12 C. B. 261. There, two actions having been brought upon a bill of exchange,-one against the drawer, the other against the acceptor,-the defenda......