Straton against Rastall and Another
| Jurisdiction | England & Wales |
| Date | 1788 |
| Year | 1788 |
| Court | Court of the King's Bench |
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8 cases
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Veale v Warner
...Farrar v. Hutchinsm.] And it has been held that a receipt and release for the consideration money contained in a deed, is not conclusive. 2 T. R. 366, Stratton v. Rastall. But see 2 Taunt. 141, Rowntree v. Jacob, in which it was held that such a receipt and release contained in a deed is co......
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Taylor and Another, Assignees os Mellers, an Insolvent, v Lanyon
...money had and received, the Plaintiff can only recover if he be entitled to the money in equity and good conscience ; Ra&tall v. Straiten (2 T. R. 366); and if the two parties are equally well entitled, potior est conditio possidentis. As there could have been no dispute if the Defendant ha......
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Townson v Wilson and Others
...held, that- the receipt was not binding, and the plaintifi had a verdict for the additional smm ol 1337. Vide Stratott, v. Rastall, 2 T. R. 366. *a Vide Palethorp v. Furnish, 2 Esp. Cas. 511; Burt v. Palmer, 5 Esp. Cas. 145. 998 TOWNSON V. WILSON 1 CAM*. 317. for sb much of the money as was......
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Lewis v Norris Hughes & Sons
...the learned Magistrate quite rightly held that a receipt is not conclusive evidence against the party who signs it: Strathan v. Rastall, 100 E.R. 197. 7 But the onus lies on such a party to prove that the receipt he impeaches is not true: Foster v. Dawber, (1851) 6 Exch. 839. 8 Notwithstand......
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