Cook v Jones, Reeve, and Benwell: 11 Feb 1812

Where an annuity was granted by three, one of whom was known to be only a surety for the other two, to whose use the consideration-money was in fact applied ; yet all three being present when the money was paid down upon the table, and counted over by them all, and the receipt of it sigped by all, it was properly stated in the memorial as a payment made to the three. And though the deed and memorial stated the consideration-money to have been paid by the grantee by the hands of W. his agent, yet as it also appeared by the same instruments that a part of it was the money of a third person ; that was held to be no objection : for either W. was the agent in fact of the sole grantee, or impliedly the agent, through the medium of the grantee, for such third person also, whose interest was stated in the deed and memorial according to the truth. And one stamp as for one annuity is sufficient.


[1812] EngR 114, (1812) 15 East 237, (1812) 104 ER 834




Updated: 11 May 2022; Ref: scu.338600