https://www.commonlii.org/uk/cases/EngR/1572/

[117 a] PINNEL'S CASE.

Trin. 44 Eliz. Rot. 501.

In the Common Pleas.

[Followed, Foakes v. Beer, 1884, 9 App. Cas. 605; Bidder v. Bridges, 1887, 37 Ch. D. 413.]

Payment of a less sum on the day in satisfaction of a greater, cannot be any satis- faction for the whole. The gift of a horse, hawk, robe, &c. in satisfaction, is good. Payment of part before the day, and acceptance, may be in satisfaction of the whole; so payment of part at a different place.

The payment of part ought to be pleaded to be paid in full satisfaction; it is not

sufficient to aver that it was accepted in full satisfaction.

The manner of the tender, and of the payment, shall be directed by him who made them, not by him who accepts.

*An acknowledgment of satisfaction by deed, is a good bar, without any thing

received.* S. C. Moor. 677.

See 3 Cases in Law, &c. 304. Lucas 224. 304.

Pinnel brought an action of debt on a bond against Cole, of 161. for payment of 81. 10s. the 11th day of Nov. 1600. The defendant pleaded, that he at the instance of the plaintiff, before the said day, scil. 1 Octob. anno 44. apud W. solvit querenti 51. 2s. 2d. quas quidem 5l. 2s. 2d. the plaintiff (a) accepted in full satisfaction of the 81. 10s. And it was resolved by the whole Court, that payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, (b) a lesser sum can be a satisfaction to the plaintiff for a greater sum (A): but the gift of a horse, (c) hawk, or robe, &c. in satisfaction is good. For it shall be intended that a horse, hawk, or robe, &c. might be more beneficial to the plaintiff than the money, in respect of some circum- stance, or otherwise the plaintiff would not have accepted of it in satisfaction. But when the whole sum is due, by no intendment the acceptance of (a) parcel can be a satisfaction to the plaintiff: but in the case at Bar it was resolved, that the payment and acceptance of parcel before the (b) day in satisfaction of the whole, would be a good satisfaction in regard of circumstance of time; for peradventure parcel of it before the day would be more beneficial to him than the whole at the day, and the value of the satisfaction is not material: so if I am bound in 201. to pay you 101. at Westminster (c) and you request me to pay you 51. at the day at York, and you will accept it in full satisfaction of the whole 101. it is a good satisfaction [117 b] for the whole for the expences to pay it at York, is sufficient satisfaction: but in this case the plaintiff had judgment for the insufficient pleading; for he did not plead that he had paid the 51. 2s. 2d. in full (d) satisfaction (as by the law he ought) but pleaded the payment of part generally; and that the plaintiff (e) accepted it in full satisfaction (B). And always the manner of the tender and of the payment shall be directed (f) by him who made the tender or payment, and not by him who accepts it (c).

And for this cause judgment was given for the plaintiff.

See reader (g) 26 H. 6. Barre 37. in debt on a bond of 101. the defendant pleaded, that one F. was bound by the said deed with him, and each in the whole, and that the plaintiff had made an acquittance to F. bearing date before the obliga- tion, and delivered after, by which acquittance he did acknowledge himself to be paid 20s. in full satisfaction of the 101. And it was adjudged a good bar; for if a man acknowledges himself to be satisfied by (h) deed, it is a good bar, without any thing received. Vide 12 R. 2. Barre 243. 26 H. 6. Barre 37. and 10 H. 7, &c.