Presumption – In 1691, a Colonel gives his Lieutenant Colonel a draft on his agent for 250 l. and also pays him 50 l. in cash, for which a receipt is granted: in a statement of all the officers’ accounts in 1692, the Lieut. Col. takes no notice of the transaction in 1691, but mentions that he had received 75 l. 112 s. 8 d. on account of his pay, without stating from whom: in an action, after the death of the parties, in 1719, it is held that the draft for 250 l. was not presumed to have been paid by the drawee, unless it was otherwise instructed; but that the 50 l paid by the Colonel was not included in the 75 l. 12 s. 8 d. acknowledged to have been received by the Lieut. Col.
Writ – An objection made to a receipt between officers, that it was void, being neither holograph, nor having the solemnities required by the acts of parliament relative to the testing of writings, is not sustained.
Was a deed written and executed at Dublin valid, which bore to be ‘written by Edward Dudgeon, Gentleman?’ see note at the end of this case.
Citations:
[1720] UKHL Robertson – 282, (1720) Robertson 282
Links:
Jurisdiction:
England and Wales
Contract
Updated: 08 September 2022; Ref: scu.553645