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Coleman v Earle

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1795
Date01 January 1795
CourtCourt of the King's Bench

English Reports Citation: 93 E.R. 488

COURTS OF CHANCERY, KING'S BENCH, COMMON PLEAS AND EXCHEQUER

Coleman
and
ers. Earle

coleman vers. earle. Willielmo for Waltero in the assumpsit vitiates not, if there be no William named before. The plaintiff's name was Walter, and on error Branthwayte Serjeant objected, that one of the asaumpsits was laid prsefat' Willielmo, and the damages are intire. Reeve contra. There being no William mentioned in the record before, it must be rejected as insensible; and then there are other parts of the count, which shew the assumpsit could be only to the plaintiff. In Roe v. Gatehouse, Hil. 8 W. 3, Salk. 663. 5 Mod. 30, it was super se assumpsit, without saying who, and held well enough. So Trin. 2 Ann. in B. R. Rep. Salk. 26. 2 Ld. Raym. 899. 3 Salk. 17, Shere v. Brown. The declaration run, that in consideration the plaintiff had delivered goods to the defendant; super se assumpsit, to pay for them; without saying who [229] promised; and yet thia was taken to be good(l). Trin. 5 Ann. Atharpe v. Gosling. In an action against a carrier it was laid, that in consideration the plaintiff had delivered goods to the defendant to carry, ipse prsed' (the plaintiff instead of the 1STSAKOB.J30. MICHAELMAS TERM, 6 GEO. 489 defendant) super se assumpsit, and that was resolved to be well enough. Pasch. 4 Ann. aasumpsit by an executor, who declared, that in consideration the testator had carried goods, he the defendant promised to pay quantum prsadictus Thomas (who was the executor) deserved; and though he ought to have said quantum the testator deserved, yet the count was adjudged sufficient. If these cases should not be answers, then I rely on 16 & 17 Car. 2, which curea the mistake of the plaintiff's or defendant's name, when they are...

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