Burnet and Bird
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1658 |
| Date | 01 January 1658 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 524
UPPER BENCH COURT AT WESTMINSTER
[54] BURNET AND BlRD. Mich. 23 Car. Bane. Reg. Arrest of judgement in an action upon the case upon a promise. Burnet the administrator of I. S. brings an action upon the case against Bird, and declares against him upon an assumpsit made by the defendant to the intestate, for the payment of a certain sum of mony for a marriage portion, at 2 severall dayes of payment equally, and that for not performing the same in the life time of the intestate, he brings this action. The plaintiff hath a verdict: the defendant moves in arrest of judgement, and shews for cause, that the plaintiff doth not well set forth the granting of the letters of administration to him, for he sayes, they were granted unto him by the arch-deacon of such a place, and doth not say loci illius ordinarium STYLE. M. MICH. 23 CAR. 525 nor cui adminisbratio pertinuit. 21y. It is said, that the raony was to be paid at 2 severall payments, which amounts to two several promises, viz. a promise to pay the first, ten pounds on such a day, and a promise to pay the other sum at another day to come, and doth not allege any...
To continue reading
Request your trial
-
Eeles v Lambert
...following was set to here councell again. 82 E.R. 525" class="content__heading content__heading--depth1"> English Reports Citation: 82 E.R. 525 UPPER BENCH COURT AT WESTMINSTEREeles and Lambert eeles and lambert. Mich. 23 Car. Bane. Eeg. Vid. antea. Argument upon a spetiall verdict. The cas......