Carter v Webster

• Jurisdiction: Jamaica
• Judge: (Clarke, C.J., Northcote, J. and Vickers, Ag. J.)
• Judgment Date: 01 January 1952
• Date: 01 January 1952
• Court: Supreme Court (Jamaica)

Supreme Court of Jamaica

(Clarke, C.J., Northcote, J. and Vickers, Ag. J.)

CARTER

and

WEBSTER

Bills of Exchange-promissory note-acknowledgement of debt

An instrument which sets out the details of money owing under an antecedent arrangement but which includes no words amounting to a promise to pay the debt, nor any agreement that it is payable on a given day, is merely an acknowledgement of the debt and not a promissory note. An I.O.U. is such an instrument.

In the absence of any agreement between the parties to a contract that interest is payable on unpaid moneys due under the contract, or evidence that it is payable by trade usage in the Cayman Islands, no interest may be awarded on such a debt since the Act for the Further Amendment of the Law, and the Better Advancement of Justice, 1833...