Sard v Rhodes
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1836 |
| Date | 01 January 1836 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 385
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 1 Tyr. & G. 298; 4 Dowl. P. C. 743; 1 Gale, 376; 5 L. J. Ex. 91.
sard v. rhodes. Exch. of Pleas. 1836.-Assumpsit by the indorsee against the acceptor of a bill of exchange for 431. Plea, that, after the bill became due, one G. P., the drawer of the bill, made his promissory note for 441. arid delivered the same to the plaintiff in full satisfaction and discharge of the bill. Replication, that although he, the plaintiff, accepted the note in full satisfaction and discharge of the bill, yet that the note was not paid when due, and still remained unpaid :- Held, that the replication was bad, and that the plaintiff having accepted the note in full satisfaction and discharge of the bill, could not sue upon the latter.-Held, also, that the plea was sufficient. [S. C. 1 Tyr. & G. 298 ; 4 Dowl. P. 0. 743; 1 Gale, 376 ; 5 L. J. Ex. 91.] Assumpsit against the acceptor of a bill of exchange for 431., drawn by one George Parish, payable three months after date to his own order, and by him indorsed to the plaintiff. To this count the defendant pleaded, fourthly-That, before the said bill became due, he accepted the said bill for the accommodation of the said George Parish, and that there never was any consideration or value for such acceptance, or for the defendant's payment of the said bill, or any part of the amount thereof, whereof the plaintiff had notice; and that after the said bill became due, and before the commencement of this suit, to wit, on the 1st day of August, 1835, the said George Parish made his promissory note in writing, and thereby promised to pay to the plaintiff, or order, 441., divers, to wit, six weeks after date; and then delivered the said note to the plaintiff in full satisfaction and discharge of the said bill and the said cause of action in the said first count mentioned ; and the plaintiff then accepted and received the said note in full satisfaction and discharge of the said bill and the said cause of action in the first count mentioned ; and this the defendant is ready to verify, &c. Replication. That although true it is that the said George Parish did make and deliver to the plaintiff the said promissory note in that plea mentioned in full satisfaction and discharge of the said bill and the said cause of action in the said first count mentioned, yet the plaintiff avers that the said promissory note became clue and...
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