Ruff against Webb
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 170 E.R. 301
IN THE KING'S BENCH
[129] in the king's bench , in easter term, 34 george III. [1794J. Third Sittings in Term, at Guildhall Saturday, May 24th. ruff ayainst webb (A draft in these words, " Mr N. will much oblige Mr W by paying to J. R or order 20 on his account," is a bill of exchange, and cannot be giveu in evidence without a stamp. Neither is such draft, though taken without objection by the party at the time, any discharge of a subsisting debt ) Assumpsit for work and labour, with the common counts. Plea of the general issue. The action was brought to recover the amount of wages due by the defendant to the plaintiff. The plaintiff had been servant to the defendant, and on his discharging him from his service, had given him a draft for the amount of his wages on an unstamped slip of paper, in the following words - " Mr Nelson will much oblige Mr. Webb, by paying to J Ruff or order, twenty guineas on his account." This draft the plaintiff had taken, but it did not appear that he had ever demanded payment of it from Mr Nelson, to whom it was addressed. It was given in evidence on the part of the defendant, that he lived in the country, and kept cash with Mr Nelson in London, and that he paid all his bills m that manner, by drafts on Nelson . that the plaintiff knew that circ instance, and took the draft without any objection , and that if he had applied to Nelson, that it would have been paid. This evidence was relied on as a discharge, and bar to the action [130} Shepherd for the plaintiff contended, that the unly mode by which this could operate as a bar to the action, was by taking the draft in question as a bill of exchange , m which case, under stat. 3 and 4 Ann. c. 9, 7, it is declared, that if any 302 HOLMER V. VINER 1 ESP. 131. person shall accept a bill of exchange, in satisfaction of a debt, that the same shall be deemed a full and sufficient discharge, if the...
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Diplock v Hammond
...The words are, "I hereby authorize you to pay" (see Riissell v. Powell, 14 M. & W. 418).] That is in effect an order to pay, Ruff v. Webb (1 Esp. 129); Hutckinson v. Heyworth 9 A. & E. 375); Lucas v. Jones (5 Q. B. 949). They also referred to Lord Sraybrooke v. Meredith (13 Sim. 271); Cfree......
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Bond v Warden
...were duly paid. Mr. Wigram and Mr. Freeling, for the Plaintiff,- upon the question as to the validity of the cheque, cited Buff v. Webb (1 Esp. 129), Wilson v. Vysar (4 Taunt. 288), Waters v. Brogden (1 Y. & J. 457); and [586] upon the question of laches, Eickford v. Ridge (2 Camp. 537), Da......