Provincial Bank of Ireland v Fisher

• Jurisdiction: Ireland
• Judgment Date: 01 January 1919
• Date: 01 January 1919
• Court: House of Lords (Ireland)

Provincial Bank of Ireland

and

Fisher

Conditional undertaking in writing to pay debt of another -Guarantee - Release of surety by giving of time to principal - Consent to giving of time.

The defendant, amongst other signatories, signed an instrument whereby, in consideration of the plaintiffs advancing to P. and R. the sum of £140, he, jointly and severally with the other signatories, undertook to pay the plaintiffs the said sum, with the usual rate of bank interest, within six months from the date of the instrument. The plaintiffs subsequently advanced to P. and R. the sum agreed upon, taking from them promissory notes for the payment thereof, which notes were renewed from time to time without the express consent of the defendant:—Held by the House of Lords (1), affirming the decision of the Court of Appeal in Ireland ([1918] 2 I. R. 521)...