Hall v Balckwell

• Jurisdiction: Ireland
• Judgment Date: 05 May 1860
• Date: 05 May 1860
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

HALL

and

BALCKWELL.

Stratton v. Codd 9 Ir. Law Rep. 1.

Delacour v. Murphy 13 Ir. Law Rep. 195.

Montgomery v. ByrneIR 2 Ir. Com. Law Rep. 230.

Gorman v. Hinks Batty, 527.

Harrington v. CoxeIR 3 Ir. Com. Law Rep. 87.

Power v. LowIR 5 Ir. Com. Law Rep. 364.

xxxviii Appendix. E. T. 1860. plaintiff appeared thereon, acknowledging the payment, which signaÂÂQueen's Bench ture was attested to by a solicitor. BOYD v. Faloon, for the motion. eCLEANS. This application is made under the 18th section of 3 & 4 Re., c. 105, which enacts " That it shall be lawful for any of the Judges "of the Court in which the said warrant of attorney, or copy thereof, " is filed, to order a memorandum of satisfaction to be written upon "such warrant of attorney, or copy thereof respectively, as aforesaid, "if it shall appear to him or them that the debt for which such warÂÂ" rant of attorney is given as a security shall have been satisfied or " discharged." The bond is in fact cancelled; and the signature of the plaintiff, attested by an officer of the Court, acknowledging payÂÂment of the debt, and the affidavit of the defendant swearing to payment, is evidence sufficient to satisfy the Court that the debt is satisfied : Dower v. Dunphy (a). HAYES, J. I think so ; take the order. (a) 6 Ir. Law Rep. 128. HALL v. BLACKWELL.* May 5. Execution MOTION on behalf of M. Murphy, official assignee, and J. Hickie, cannot be is- trade assignee of the defendant, a bankrupt, that the writ of fi. fa., sued on a judgment en tered on a warrant of attorney collateral with a money bond conditioned for payÂÂment by instalments, until breaches have been duly suggested on the bond. A, by a letter of the 4th of March, proposed to sell his business and stock to B, for a sum to be paid by yearly payments of 60 per annum, in monthly instalments of 5 each; the whole amount to be secured, with interest, by B's bond, and by an assurance on B's life, to be effected by B, who was to pay the premiums thereon. This proposal was accepted by B, by a letter of the same month, and B was accordingly put into possession of the business and stock, and executed a money bond to A, conditioned for the payment of 300 and interest; B also executed a warrant of attorney, on which judgment was entered, collateral with the bond, but no policy of assurance was effected, as agreed. B paid one inÂÂstalment in the following June, which was duly acknowledged by A, by a letter of the 4th of June ; but...