R (Byrne) Bank of Ireland v Fisher

JurisdictionIreland
Judgment Date01 January 1919
Date01 January 1919
CourtHouse 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)...

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1 cases
  • Jiangsu Golden Civil Building Group (Hong Kong) Co Ltd v Chau Wa Kin
    • Hong Kong
    • High Court (Hong Kong)
    • 12 October 2006
    ...under his guarantee? 115. The burden being on the plaintiff to prove consent (see, for example, Provincial Bank of Ireland v Fisher [1919] 2 IR 249 HL, I turn to the evidence to see if it 116. There is nothing in writing to support the proposition that the defendant did consent, and no evid......

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