Belfast Banking Company v Stanley

• Jurisdiction: Ireland
• Judgment Date: 30 April 1867
• Date: 30 April 1867
• Court: Queen's Bench Division (Ireland)

Q. Bench.

BELFAST BANKING COMPANY

and

STANLEY.

Moss v. HallENR 5 Exch. 46.

Frazer v. JordanENR 8 E. & B. 303.

Tucker v. LaingENR 2 K. & J. 745.

Madden v. M'MullenUNK 13 Ir. C. L. R. 305.

Goring . EdmondsENR 6 Bing. 94.

Wright v. Simpson 6 Ves. 714.

Dawson v. Lawes 23 L. J. Ch. 434

Pooley v. HarradineENR 3 Jur. N. s. 488; 7 E. & B. 431.

Greenough v. M'ClellandUNK 30 L. J. Q. B. 15.

Lawrence v. WalmsleyUNK 31 L. J. C. P. 143.

Association v. SudlowENR 5 C. B. N. S. 449.

Muilman v. D'Eguino 2 H. B. 565.

Codman v. Rodgers 10 Pickering, 112.

Davies v. Stainbank 6 D. M. & G. 679.

Lawrence v. WalmsleyUNK 31 L. J. C. P. 143.

Wallace v. Agry 4 Masson, 336.

Lawrence v. WalmsleyUNK 31 L. J. C. P. 143.

Madden v. M'MullenUNK 13 Ir. C. L. R. 305.

Samuell v. HowarthENR 3 Mer. 272.

Black v. The Ottoman Bank 8 Jur. N. S. 801.

Hulme v. ColesENR 2 Sim. 12.

Heath v. KeyENR 1 Y. & J. 434.

Brooks v. MitchellENR 9 M. & W. 15.

Strong v. FosterENR 17 C. B. 241.

Thorpe v. BoothENR Ry. & Mood. 388.

Wright v. Simpson 6 Ves. 714.

MacTaggart v. Watson 3 Cl. & F. 525.

Madden v. M'MullenUNK 13 Ir. C. L. R. 305.

Brooks v. MitchellENR 9 M. & W. 15.

The Mututal Loan Fund Association v. SudlowENR 5 C. B. N. S. 449.

Lawrence v. WalmsleyENR 12 C. B. N. S. 799.

Principal and Surety Laches of Creditor.

COMMON LAW SERIES. 693 BELFAST BANKING COMPANY v. STANLEY. Q. Bench. 1867. Principal and Surety-Laches of Creditor. To an action by payee against maker, upon a promissory note, payable one April 26, 30. month after demand, the Defendant pleaded, upon equitable grounds, that he had. made the note jointly with two other persons; that he and one of those persons made it as sureties only for the other; that, at the time it was made by them, the Plaintiffs were aware of this, and agreed that they should be sureties only ; and that the Plaintiffs had delayed an unreasonable time-to wit, ten years-to demand payment from the principal debtor. Held, a bad defence. DEMURRER. The first count of the Summons and Plaint comÂÂplained that the Defendant, on the 6th of July, 1855, by his promissory note overdue, promised to pay the Belfast Banking Company, or order, at their office in Armagh, 200, one month after demand. Averment of demand of payment on the 1st of March, 1866 ; that more than one month had elapsed since the making of the said demand, and that the Defendant did not pay the said note, though it was duly presented for payment at the Plaintiffs' office at Armagh. To this the Defendant pleaded, fourthly, on equitable grounds, that he made the note with one John Jervais Winder, and one Benjamin Peebles Davidson, as the joint and several note of said three persons ; they, the said John Jervais Winder and the DeÂÂfendant, making and signing the same for the accommodation of said Benjamin P. Davidson, and, as his sureties, only to secure a debt due to the Plaintiffs by the said Davidson, and not otherwise ; and when the said note was made and delivered by the Defendant to the Plaintiffs, it was agreed between the Plaintiffs and the said several makers thereof, that the Defendant and the said Winder should be liable to the Plaintiffs as sureties for said Davidson only_; and, except as aforesaid, there never was any value or consideration for the making of said. note by the Defendant. And the DefenÂÂdant averred that, although from the time of the making of said note hitherto, the Plaintiffs were always the holders of said note, they, the Plaintiffs, did. not, within a reasonable time after the making and delivery thereof to them, as aforesaid, make any de Q. Bench. mand for the payment of the same, according to the tenor thereof, 1867. either from the said Davidson...