Calvert and Another against Gordon, Executrix
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1828 |
| Date | 01 January 1828 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 925
IN THE COURT OF KING'S BENCH.
S. C. 1 Man. & Ry. 497: for other proceedings see 3 Man. & Ry. 124; 2 Sim. 253; 4 Russ. 581. See also, Lloyd's Harper, 1880, 16 Ch. D. 306; In re Crace, [1902] 1 Ch. 740.
calvert and another against gordon, Executrix. 1828. Debt on bond. Plea, after craving oyer of bond and condition, which was, that A. B. should faithfully account for all monies received by him, as collecting clerk; that A. B. did account. Eeplication, that A. B. received divers sums, amounting to 20001., for which he did not account. Rejoinder, that the sums mentioned in the replication were three sums of 10001., 5001., and 5001., received by A. B. of C. D. and F. and G., and that A. B. accounted for those sums. Surrejoinder, that the sums mentioned in the replication were other and different sums than those alleged in the rejoinder to have been received and accounted for by A. B., and concluding to the country : Held, upon special demurrer, that the surrejoinder was good. [S. C. 1 Man. & Ey. 497 : for other proceedings see 3 Man. & Ry. 124; 2 Sim. 253 ; 4 Russ. 581. See also, Lloyd's v. Harper, 1880, 16 Ch. D. 306; In re Grace, [1902] 1 Ch. 740.] Debt on bond of the testator, which upon oyer appeared to be conditioned for the fidelity of R. Edwards, as collecting clerk to the plaintiffs (brewers) whilst he should continue in their service. Plea, that Edwards continued in the service till the testator's death and till the defendant's notice thereinafter mentioned, and during that time faithfully accounted ; and that defendant, as executrix, within a short and reasonable time after the testator's death, and before any breach of the condition, gave notice in writing to the plaintiffs that she would no longer remain surety, or responsible ; and if any damnification occurred after the giving of the notice, it was of the plaintiff's own wrong. Replication, that before the notice Edwards collected divers sums, amounting to 20001., for which he did not account; and for assigning a further breach, according to the statute, that he col-[810]-lected divers sums after the notice for which he did not account. Rejoinder, as to the first breach, that the same sums, stated in that breach to have been received and unaccounted for by Edwards, were three several sums of money, to wit, one of them being 10001. part of those sums, was received from one Gapp; another part, viz. 5001., from...
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Newton v Holford and Others
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...where the replication is in effect a denial of the whole substance of the plea, it may conclude to the country. In Calvert v. Gordon (7 B. & C. 809), the declaration was in debt on a bond, conditioned that a clerk (for whom the defendant was surety) should faithfully account: plea, that, un......
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Gordon v Calvert
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