Mumford vs Peal - 1880 Supreme(All) 20

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1880 Supreme(All) 20

ROBERT STUART, STRAIGHT
Mumford – Appellant
Versus
Peal – Respondent

JUDGMENT

Robert Stuart, C.J. - This is a suit brought by the plaintiff to recover from the defendants the sum of Rs. 3,917-8-6, being the amount of principal and interest due upon a bond bearing date the 27th September 1871, and executed by one James Giddens, deceased, of whom defendant No. 1 is the widow, by Robert Peal, defendant No. 2, and by one George Richards, who has not been included in the proceedings. The plaintiff also seeks to realize the amount of his claim by sale of a certain bungalow, hypothecated by the before-mentioned James Giddens as security for the above sum of Rs. 3,917-8-6, and the cause of action is alleged to have accrued on the 27th September 1874, the date before which the amount covered by the bond was agreed to be repaid.

2. Defendant No. 1 in reply states that the plaintiff voluntarily undertook to discharge the amount of the said bond, of which the Uncovenanted Service Bank was the obligee, and that as security for doing so he had possession given him of the hypothecated bungalow and received the rents therefrom for a long period of time; that he promised not to charge interest for any payments made by him to the Bank; and that she is willing the bunga

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