Skyring, Administratrix of Skyring, v Greenwood and Another
| Jurisdiction | England & Wales |
| Judgment Date | 30 November 1824 |
| Date | 30 November 1824 |
| Court | Court of the King's Bench |
English Reports Citation: 171 E.R. 1298
COURT OF KING'S BENCH.
Subsequent proceedings, 2 C. & P. Addenda, p. 11; 4 B. & C. 281, with annotations.
[517] court op king's bench. Sittings at Westni. after Michaelmas Term, 1824, before Lord Chief Justice Abbott. November 30, 1824. skybing, administratrix of skyrino, v. greenwood and another. (The plamtiif being the representative of a deceased officer of artillery, of which corps the defendants were paymasters, they delivered to him an account current, in which they acknowledged themselves to have received from the year 1806 to the year 1820, pay according to an increased rate allowed by an order of the Board of Ordnance, dated August 28, 1806. Held that they could not 111 1821 be permitted to say that this admission was by mistake, as in 1816 the Board of Ordnance had announced that by the true construction of the order of 1806, persons in the situation of the deceased, were not entitled to the benefit of it; this announcement of the Board never having been communicated to the deceased by the defendants till the year 1821.) [Subsequent proceedings, 2 C. & P. Addenda, p. n ; 4 B. & C. 281, with annotations.] Assurnpsit for money had and received. This action was brought by the plaintiff, who was the administratrix of Major Skyring, deceased, against the defendants, Messrs. Greenwood and Cox, the army agents, as paymasters of the Royal Artillery, to recover the arrears [518] of pay due to the deceased, as an officer of artillery, up to the time of his death. The defence waa a sett off of monies which had been allowed to the deceased by the defendants under a mistaken construction of a general order of the Board of Ordnance, of the date of August 28th, 1806, relative to an increase of pay to artillery officers. The case came on upon admissions, from which the following facts appeared .- The deceased was brigade major of Gibraltar, and was also a captain in the Royal Artillery, of which corps the defendants were paymasters. By a general order, signed by the secretary to the Board of Ordnance, dated July 28th, 1797, it was directed, by command of his Majesty, that the pay of subalterns of the Royal Artillery should be increased Is. Id. per day, provided they held no other commission ; but this was not to affect the half-pay. By a like general order of the 28th of August, 1806, it was directed that from and after July 1st, 1806, the pay of...
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