Heeney v Addy and Another

• Jurisdiction: Ireland
• Judgment Date: 03 November 1910
• Date: 03 November 1910
• Docket Number: (1909. No. 7470.)
• Court: King's Bench Division (Ireland)

Heeney

and

Addy and Another (1).

K. B. Div.

(1909. No. 7470.)

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1910.

Negotiable instrument — Promissory note — Validity of — Sum stated in figures in margin, but not stated in body of note — Bills of Exchange Act, 1882, s. 83.

A promissory note, bearing an embossed 6d. stamp, with the figures £50 in the margin, but no sum stated in the body of the note, held to be, as between the original parties to it, a valid and complete note for £50, there being evidence to show that they had so regarded it, and a finding by the Judge at the trial without a jury, that it was given in payment of a debt of £50.

New Trial Motion.

The action, which was tried by Wright, J., without a jury, during the Trinity Sittings, 1910, was brought by Robert J. Heeney against Edward J. Addy and John Addy, to recover £45 1s. 2d., of which £43 was for principal, and £2 1s. 2d. for interest, due on foot of a promissory note.

The note, which was on paper bearing an embossed 6d. stamp, was in the following form:—

June 30 th 1908

Four months after date we jointly & severally promise to pay

Beamond

Drogheda

Robert J. Heeney

Robert P. Heeney

John Addy

Footstown Ardee

Edward F. Addy

The note was in the same handwriting as the signature, Robert J. Heeney, and the addresses were written in red ink and placed as shown above. The note was endorsed as follows:—

Robert J. Heeney

Edward F. Addy

Edward F. Addy

Footstown

Co. Meath

John Addy

At the trial the following evidence was given for the plaintiff:—

The plaintiff— “The defendants had a farm; they were evicted and were out of possession for many years. I lent them money from time to time. They were reinstated, and got £250 from the Estates Commissioners. They agreed to sign a promissory note for £50 at four months to secure the amount I advanced. I drew up the note and posted it. I cannot be certain was the date on it. It came back undated. I then filled in the date—30th June, 1910. When it fell due I asked for payment, and wrote to them several times. They never denied liability.”

Cross-examined— “The promissory note was drawn up by me in my house, and was posted to the defendant Edward. It was undated when I sent it.”

Robert P. Heeney, the plaintiff's son— “I was paid £7 on account by the defendant Edward on the 29th July, 1898. I entered it in a book” (entry produced). “I have seen my father advance money to the Addys from time to time.”

Cross-examined— “He” (the defendant Edward) “said he owed my father a good deal of money, and that he was paying £7 on account. I accounted to my father for the amount.”

He also said that he signed the note as a witness to his father's signature.

The following evidence was given by the defendants:—

Edward F. Addy— “I signed the note as an accommodation for him. He never lent me £50 or any amount. I handed the note to my brother John to sign.”

Cross-examined— “I got cheque for £2, dated the 6th April, 1908, from the plaintiff; also cheque for £2 in March, 1908” (cheques entered). “All he lent me was £7, and I paid that back.”

John Addy— “I got no loan from the plaintiff—sometimes charity—I got no letter until I got the writ.”

Cross-examined— “I...