Brice against Carre, Emerson and Others, Executors of J. S. Common Pleas
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 290
COURT OF KING'S BENCH
brice against carre, emerson and others, executors of J. S. common pleas. Covenant lies on a writing, by which the defendant covenants to be accountable for 1001. S. C. 1 Keb. 155. Covenant on a writing sealed, by which the defendants testator acknowledges himself to be accountable for all such monies as should be charged by him on A. to be paid to B. and says, that he charged so much on A. to be paid to B. and that he had not paid it; for which he brings this action against the defendants, his executors ; and it was moved by Serjeant Bernard, that covenant did not lie on such words in a deed, but it ought to be account; and cited 1 Cro. Gury against Reason; and though now account lies not against executor, yet that shall not be turned into covenant against the executor, which was not a covenant against the testator. But (by the Court) it well lies, and so would it do on any words in a deed...
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