ROBERT GRIMSHAW, Public Officer of the Ulster Banking Company, v JOHN WOOLSEY

• Jurisdiction: Ireland
• Judgment Date: 03 May 1848
• Date: 03 May 1848
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

ROBERT GRIMSHAW, Public Officer of the Ulster Banking Company,

and

JOHN WOOLSEY.

Johnston v. NichollasENR 1 C. B. 251.

Jarcis v. WilkinsENR 7 M. & W. 410.

Russell v. Moseley 3 Bord. & Bing. 211.

Wain v. WaltersENR 5 East, 10.

Wood v. Benson 2 Cr. & Jer. 94.

Thomas v. WilliamsENR 10 B. & C. 664.

CASES AT LAW. 147 E. T. 1848. Queen'sBeneh. ROBERT GRIMSHAW, Public Officer of the Ulster Banking Company, v. JOHN WOOLSEY. &Emu, assumpsit, on the following undertaking : " To the Directors of the Ulster Banking Company.-GentleÂÂ" men ; in consideration of your having opened an account with my " son Joseph George Woolsey, and having agreed to make him " cash advances and discount his bills to such extent as you may " consider prudent and desirable, and in consideration of any sum " he now owes you, I hereby guarantee you the payment of same, " also from any loss that may arise on his transactions with you " hereafter, to the extent of 300 sterling. I do not mean that his " transactions should be limited to that sum, but that my liability "shall not exceed 300 sterling ; and this letter of guarantee shall " be a continuing security to that extent until formally withdrawn " by me, and all advances made in virtue thereof fully paid up. " JOHN WOOLSEY." The case was tried before Torrens, J., at the Armagh Spring Assizes of 1848, and the matter turned on the construction of the guarantee ; the defendant's Counsel submitting that the consideraÂÂtion for the guarantee as declared on was bad in part, and therefore that the action could not be supported ; but the learned Judge directed a verdict for the plaintiff upon all the counts, reserving liberty to have the verdict turned into one for the defendant if such the Company, whereof the defendant had notice; and thereupon afterwards, to wit, &c., in consideration of the Company having opened said account with J. G. W., and of their having at the request of the defendant then and there agreed to make to J. G. W. cash advances to such extent as the Company might consider prudent and desirable, and in consideration of any sum of money which J. G. W. then owed the Company, the defendant promised the Company to guarantee the payment of th same, and also from any loss that might arise in his J. G. W.'s transactions with th Company, to the extent of 300, &o. Held, a sufficient consideration. 148 • CASES AT LAW. E. T. 1848. direction were wrong. It appeared the Ulster Banking Company...