Anonymous (1728) Skin 17
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 9
IN THE COURT OF KING'S BENCH
[17] 18. anonymtjs. 2 Jones 184. In an action of debt the plaintiff declares, that whereas A. B. was arrested, by virtue of a plaint in the Poultry Counter, that the defendant by specialty promised that A. B. should put in bail, by such a day; and if he did not, that then the defendants would pay to the plaintiff what should be due from A. B. to him the plaintiff; and avers, that there was due from A. B. 2501. that A. B. had not put in bail, nor had the defendant paid the said 2501. aut aliquem hide denarium : here the defendant may either plead nil debet, or take issue upon the averment, that A. B. did not owe the plaintiff 2501. for though it be true, that where the defendant is charged in a sum certain by specialty, that there he shall not plead nil debet; yet when...
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