Ward v Evans
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 383
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Hill. 2 Ann B. R. 2 Ld. Raym. 928, S. C. Comyns 138, S. C.
[442] 4. ward versus evans. [Hill. 2 Ann B. R. 2 Ld. Raym. 928, S. C. Comyns 138, S. C.] Act of a servant binds not his master, unless he acts by authority of his master, or he consents. See 2 Lev. 172. 3 Lev. 252. Comber. 451. 1 Salk. 132, 133. Winch 24, 25. 5 Mod. 398, 399. 6 Mod. 36, S. C. 3 Salk. 118. Cases B. R. 521. Holt 120. 1 Bulst. 103. R. ace. 10 Mod. 109. Fide 1 Bl. Com. 429. 1 Str. 506. Esp. 115. 3 Bac. Ab. 560. Fenn v. Harrison, 3 T. R. 757. 4 T. R. 177. Goldsmiths' notes are payment conditionally only, without express consent, See 6 Mod. 36. Post, 507, 508. 3 Mod. 86. 3 Lev. 299. Moll. li. 2, c. 10. Hob. 154. Ward sent his servant to receive a note of 501. of B., who went with him to Sir Stephen Evan's shop, who indorsed off 501. from a note B. had upon him, and gave Ward's servant a note of 501. upon one Wallis a goldsmith, to whom the note was carried the next day by Ward's servant: Wallis refused to pay, and that day broke; upon this the note was sent back to Sir Stephen Evans, who refused payment, whereupon the action was brought. Et per Cur. It was held, 1st, That thia was money received by Sir Stephen Evans. 2dly, That the act of a servant shall not bind the master, unless he acts by authority of his master; and therefore if a master seuds his servant to receive money, and the servant, instead of money, takes a bill, and the master, as soon as told thereof, disagrees, he is not bound by this payment, but acquiescence, or any small matter, will be proof of the master's consent, and that will make the act of the servant the act of the master. 384 MERCHANTS AND MERCHANDIZE 2 SALKBLD, M3. 3dly. They held this was no payment; for a goldsmith's note is only paper, and received conditionally, if paid ; and not otherwise, without an express agreement to be taken as cash. 4thly, They held, that the party receiving such note should have a reasonable time to receive the money, as in this case, the next day, and is not obliged, as soon aa he receives it, to go straight for his money (a). (a) Vide Str. 415, 416, 508, 533, 1175, 1248. Bailey 33, 73. 1 T. R. 171. Beawes 461. Kyd. 29, 80.
English Reports Citation: 91 E.R. 726
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. 2 Annæ, 2 Ld. Raym. 928, S. C. Comyns 198, S. C.
[118] debt...
To continue reading
Request your trial