Calculation of a DAY for payment:

Calculation of a DAY for payment:

In Duncomebe v. The Brighton Club and Norfolk Hotel Company, (L.R. 10 QB 371) it was decided in the Queen’s Bench (dissentiente Blackburn, J.) that the actual day for payment need not be fixed in the instrument if the basis of the calculation which was to make it certain was to be found in the instrument itself.

In The London, Chatham, and Dover Railway Company v. The South Eastern Railway Company (1892, 1 Ch. 120) it was pointed out that this decision was inconsistent with a previous decision of the Exchequer Chamber in Merchant Shipping Company v. Armitage (L.R. 9 QB 99) which appears to have been overlooked by the learned Judges.

In that case it was held that it was necessary that the actual day for payment should be fixed by the written instrument, and that was the view expressed by Blackburn J. in hte case in 10 QB. Their Lordships have not to say which of these two decisions they prefer.

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