Betts v Jones and Others

JurisdictionEngland & Wales
Judgment Date09 December 1939
Date09 December 1939
CourtHigh Court

English Reports Citation: 173 E.R. 801

IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER

Betts
and
Jones and Others

Sittings in London, after Michaelmas Term, 1839, before Mr Baron Alderson Dec 9th, 1839. betts . jones and others. (A butcher sued three of the directors of a Zoological Society for goods supplied for the animals. For the defence a witness was called to prove that the plaintiff was a shareholder 111 the society The witness was himself a shareholder, and had been released by one of the defendants :-Held, that the witness was not competent without being released by all the three defendants, but that he woald be so, if released by all three defendants, without being released by the other shareholders ) Debt for goods sold Plea, nnnquam indebitalus It appeared that the defendants were three of the directors of the Kent Zoological and Botanical Institution ; and the present action was brought by the plaintiff, who was a butcher at Gravesend, to recover the price of meat supplied by him for the animals in the society's gardens at Rosherville. The defence was, that the plaintiff was a shareholder in the institution, and, to prove this, another shareholder was called. It appeared that the witness had been released by one of the defendants only. Crowder, for the plaintiff, objected that the witness was not competent, as either of the two...

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