Beaumont v Weldon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of Common Pleas |
English Reports Citation: 86 E.R. 364
IN THE COURT OF COMMON PLEAS
[155] beaumont versus weldon. 1 Sid. 109. 1 Lev. 4, 5. 1 Keb. 69. 1 Mod. 9, 124. 1 Ven. 42, Scott and Manby. 1 Sid. 425. 2 Keb. 554. 2 Lev. 16. 1 Salk. 116, 118. In an assumpsit the plaintiff declared upon several promises, three whereof were for finding of lodging for so many months for the wife of the plaintiff at his request, and the last promise was an indebitat. for goods and wares sold to the defendant himself. The defendant pleaded in bar, that long before the plaintiff had found his wife any lodging, (viz.) such a day his wife went away from him without his consent, and lived in adultery with some person or persons unknown to the defendant from that time to this present; and that the plaintiff, before he had provided her any lodging, had notice of that her departure, notwithstanding which the plaintiff provided her lodging, and also sold to her the said goods and wares, supposed in the declaration to be sold to the defendant, without any assent or notice of the defendant, absque hoc 2TENTBI8.1M. PASCH. ANNO 2 W. AND M. IN C. B. 365 quod assumpsit super se modo & forma prout prajdictus querens superius versus eum queritur, & hoc patatus est verificare, &c. To this the plaintiff demurred generally, and it was argued that the plea was naught both as to the matter and form. It was said, the great case of Scot and Manby was resolved chiefly upon the express prohibition that the husband bad given to trust his wife. 1 Mod. Rep. 9, Dyer and East, it was said that the wife should have been endowed though she eloped before the Statute of Westm. 2, cap. 34, and as to the manner of pleading, it is altogether insufficient; for it amounts to the general iasue, and he should have traversed the request: and for the goods and wares alledged to be sold to the defendant himself, there is no answer given at all; but only said, that the wares supposed to be sold to the defendant, were sold and...
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...the wife's contract shall bind the husband or not. S, C. 1 Mod. 9, 124 to 243. 1 Keb. 69, 80, 87, 206, &c. 1 Sid. 109, 425. 1 Vent. 42. 2 Vent. 155. Vide 1 Salk. 116, 118, 189. 6 Mod. 239. Allen 61, post 6, 7. In assumpsit on (issue) non assumpsit, a special verdict at Guild-Hail, before Ma......
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