Chanel v Robotham
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 48
IN THE COURT OF KING'S BENCH
48 TRIN. 3 JAC. B. R. YELVBETON. 69. chanel versus kobotham. Trespass. Latin word improper. Grant de bonis & catallis. Where a bond passes by a grant de bonis & catallis. Accessmium sequilur suum principale. In trespass, quare bona & mtalla sim cepit, viz. unurn scriptum oUigatorium, in quo continetur, quod J. S. tenetur to the plaintiff in 1001. and declares of several other goods in special, and among others, de una hama, Anglice, a crow of iron; and upon non culp' pleaded, it was found for the plaintiff, and damages assess'd : but adjudg'd, nil capiat òper billam ; for by Fenner, Yelverton and Williams, when a man expresses in Latin a thing to be taken by wrong, and Englishes it; if the Latin word has no such signification as is Englished, it is not good; and in this case hama is not Latin for a crow of òiron, but for an engine with which a house on fire is pulled down ; but if he declares on a Latin word, which has no perfect signification, nor so elegant as might be ; yet upon his Englishing of it whereby the plaintiff's meaning appears to the Court, the plaintiff shall recover, and the jury shall be intended to give damages according to the declaration in Latin, not having respect to the Englishing; but when there is a proper Latin word to express the thing taken, there if the plaintiff declares by another word, it is not good. But that was taken by Popham and Gaudy to be too nice, and to tend to the...
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