Clemens v Reynolds, Administrator
Jurisdiction | England & Wales |
Judgment Date | 01 January 1790 |
Date | 01 January 1790 |
Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 788
COURT OF KING'S BENCH
clemens vers. reynolds, Administrator. In what manner tout temps prist must be pleaded by an administrator. In an action upon the case, the plaintiff declared upon a promise of the defendant's intestate. The defendant pleaded a tender; and that he has been at all times since the death of his intestate ready to pay. Upon a demurrer to this plea, it was shewn for cause; that it is not alledged, that the defendant's intestate was at all times, from the time of making the promise to the time of his death, ready to pay. The plea was holden to be bad. And by the Court-Whenever tout temps prist is pleaded by an administrator, he must alledge; that his intestate was at all times, from the time of making promise to the time...
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