Taylor v Okey
| Jurisdiction | England & Wales |
| Judgment Date | 06 December 1806 |
| Date | 06 December 1806 |
| Court | High Court of Chancery |
English Reports Citation: 33 E.R. 263
HIGH COURT OF CHANCERY
13 VES. JUN. 181. TAYLOR V. OKEY 263 taylor v. okey. Dec. 5th, Mh, 180G. Set-off, where a Creditor had borrowed from the Debtor under an express promise to pay. Mr. Wing field, for the Defendant, moved to dissolve an Injunction. Mr. Fonblanque and Mr. G. Wilson, shewed cause. The point was upon a claim to set-off against a debt a sum of money borrowed by the creditor from the debtor under an express promise to pay. They cited Atkinson v. Elliott (7 Term Rep. 378), and Lechmere v. Hawkins (2 Esp. N. P. Gas. 02(5). [181] Dec. btli. The Lord Chancellor [Erskine]. My opinion is, that this claim of set-off must be allowed in Equity; and, except from the circumstance, that the parties are not the same, it would do at Law, under the authority of Lechmere v. Hawkins ; which is precisely this case. The argument, addressed to me yesterday for dissolving the Injunction, was the same, that I used ; that the express promise bound the party, making it an absolute payment under all...
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...Despite the identity of the reporter (see Megarry, a Second Miscellany-at-Law p.118/119) this case was followed by Lord Erskine in Taylor v Okey (1806) 13 Ves.Jun.181. The two cases together were regarded by the editors of Halsbury's Laws of England 4th Ed. Vol.42 para 434 as establishing t......
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