Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Ward v Sir Stephen Evans. in B. R

Nominate Series English Reports Cited authorities 2 Cited in 2 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 92 E.R. 1002

COURT OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER

Ward
and
ers. Sir Stephen Evans. In B. R

[138] case 92. ward vers. sir stephen evans. in B. E. If a creditor desires his debtor to pay part of the debt to a third person to whom the creditor is indebted, and indorse it on a note from him to his creditor; if the debtor makes the indorsement, but refuses to pay the money, the third person may recover it from him in an action for money had and received. 2 Raym. 928, S. C. 6 Mod. 36, S. C. 12 Mod. 521, S. C. Holt 120, S. C. 2 Salk. 442, S. C. 3 Salk. 118, S. C. 1 Com. Dig. 250. 3 Bac. Abr. 562. If a servant who is sent to receive money, accepts a goldsmith's note instead of it, such acceptance does not bind his master. 10 Mod. 110. 1 Com. Dig. 250. 3 Bac. Abr. 562. This was an action upon the case, in which the plaintiff declared upon an indebitatus assumpsit for money had and received to the use of the plaintiff; and upon the evidence at the trial, a case was referred to the judgment of the Court, and appeared to be this: Fellows was indebted to the plaintiff upon bill of 601. who sent his servant to Fellows for the money, who gave him a note of Sir Stephen Evans's for 1001. the servant carried the note to Sir Stephen Evans, whose servant indorsed 601. off the 1001. note, and for the 601. gave the plaintiff's servant a bill of 601. 10s. on one Wallis, a goldsmith, and the servant of the plaintiff paid to Sir Stephen's servant the 10s. difference, and the next (a) morning went to Wallis'a who had failed, and was a bankrupt; although for all the precedent day he had answered and paid bills; and when the plaintiffs servant found that Wallis was a bankrupt, he delivered back the bill upon Wallis to Sir Stephen Evans, who refused to take it, and insisted that the acceptance of the bill upon Wallis was payment of the 601. And it...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT