The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 128

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... were trustees of the marriage settlement of John Woodhams and Ellen his wife. On the 1st of November, 1833, the plaintiffs lent to John Woodhams 816l. of the trust money which was settled to the separate use of his wife, upon the security of a bond executed by him and the defendant Smith as surety; and conditioned for payment of 8161. and interest on the 1st of May then next. No interest was paid, but on the 31st of October, 1847, it was arranged between the plaintiffs and J. Woodhams and his wife that she should give the plaintiffs her receipt for the interest up to that date, and that it should be considered as paid. She accordingly signed and delivered to the plaintiffs the following receipt: " 1st Nov., 1847. "Received of James and Daniel Amos, the trustees of my marriage settlement, the sum of 2401. for interest due on 816l., at 5 per cent. on bond given by Mr. John Woodhams and Mr. James Smith up to this date. Receipts in the same form were subsequently given, but no money was ever paid. The last receipt was dated the 1st February, 1861, for interest up to the 1st November, 1860. The marriage settlement contained the usual provision that the receipt of the wife should be a sufficient discharge to the trustees. The defendant had never been applied to for payment of interest, nor was he aware of the arrangement which had been made between the plaintiffs and J. Woodhalns and his wife. J. Woodhams having become insolvent, the present action was brought. The learned Judge was of opinion that the transaction amounted to a payment or satisfaction of the interest within the meaning of the 3 in 4 Will. IV. c. 42, s. 5, and directed a verdict for the plaintiffs, reserving leave to the defendant to move to enter the verdict more

Product details

  • Paperback | 424 pages
  • 189 x 246 x 22mm | 753g
  • United States
  • English
  • black & white illustrations
  • 1236842375
  • 9781236842374