Cutler and Others v Southern and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 123
COURT OF KING'S BENCH
[113] 19. cutler and others versus southern and others, in the exchequer. Mich. 19 Car. II. Eegis. Pleas before the Barons of tbe Exchequer at Westminster, of pleas of the terra of the Holy Trinity, in the 18th year of the reign of our Lord Charles the Second, by the grace of God, of England, Scotland, France, and Ireland, King, defender of the faith, &c. London, to wit.-Be it remembered, that heretofore, to wit, in Easter term last past, William Cutler and Nicholas Purse, debtors of our lord the now King, came before the barons of his Exchequer at Westminster, by Richard Ogden their attorney, and then brought here into Court their certain bill against William Southern, late of Hoth, in the county of Lincoln, gentleman, and James Hulker, late of the parish f _St. Paul, Covent Garden, in the county of Middlesex, taylor, otherwise called William Southern, of Hoth, in the county of Lincoln, gentleman, and James Hulker of St. Paul, Covent Garden, in the county of Middlesex, taylor, of a plea of debt, the tenor of which said bill follows in these words, that is to say: London, to wit, William Cutler and Nicholas Purse, debtors of our lord the now King, come before the Barons of his Exchequer, on the 28th day of May in this term, by Richard Ogden their attorney, and complain by bill against William Southern, late of Hoth, in the county of Lincoln, gentleman, and James Hulker, late of the parish of St. Paul, Covent Garden, in the county of Middlesex, taylor, otherwise called William Southern, of Hoth, in the county of Lincoln, gentleman, and James Hulker of the parish of St. Paul, Covent Garden, in the county of Middlesex, taylor, present here in Court the same day, of a plea that they render to him 4001. which they owe to, and unjustly detain from him; for that whereas the said William Southern and James, on the 8th day of March, in the 16th year of the reign of our lord the now King, at London, in the parish of St. Mary-le-Bow, in the ward of Cheap, by their certain writing obligatory, which the said William Cutler and Nicholas sealed with the seals of the said William Southern and James, bring here into Court, bearing date the same day and year aforesaid, acknowledged themselves to be held and firmly bound to the said William Cutler and Nicholas in the said 4001., to be paid [114] to them the said William Cutler and Nicholas when they should be thereunto required. Yet the said William Southern and James (although often required) have not, nor has either of them, rendered the said 4001. to the said William Cutler and Nicholas, or either of them, but to render the same to them have hitherto refused, and still do refuse, to the damage of the said William Cutler atid Nicholas of 101., whereby the said William and Nicholas are less able to satisfy our said lord the now King the debts which they owe the said lord the King at his said Exchequer, and therefore they bring suit, &c. Pledges to prosecute, John Doe and Richard Roe. And now at this day, to wit, on the morrow of the Holy Trinity, in this same term, until which day the said William Southern and James Hulker had leave to imparl thereto, and then to answer, come as well the said William Cutler and Nicholas Purse by their said attorney, as the said William Southern and James, by Thomas Arden their attorney, and the said William Cutler and Nicholas pray that the said William Southern and James may answer them in the premises, and thereupon the 124 CUTLER V. SOUTHERN 1WMS. SAUND. US. said William Southern and James defend the wrong and injury when, &e. and pray oyer of the said writing obligatory, and it is read to them, &c.; they also pray oyer of the condition of the said writing obligatory, and it is read to them in these words, to wit, "The condition of this obligation is such, that whereas the above-named William Cutler and Nicholas Purse, at the special instance and suit of the said William Southern and James Hulker, do stand bound and engaged to Thomas Cook, of the City of London, gentleman, for an hundred and three pounds ten shillings, to be paid the first day of May next coming after the date hereof, if the said William Southern and James Hulker shall save, keep harmless and indemnifyed the said William Cutler and Nicholas Purse, from all troubles, suits, inconveniences, damages, and molestations of, from, and by the said Thomas Cook, or any other by his means and procurement, that then this obligation to be void, otherwise to stand in full power and virtue." Which being read and heard, the said William Southern and James say, that the said William Cutler and Nicholas Purse ought not to have their said action thereof against them, because they say, that the said William Southern and James Hulker, from the time of making the said writing obligatory hitherto, have saved and kept harmless and indemnified the said William Cutler and Nicholas Purse, from all troubles, suits, inconveniences, damages, and molestations of, from, and by the said Thomas Cook in the said condition above-named, or any other by his means or procurement, and this they are ready to verify: wherefore they pray judgment, if the said William Cutler and...
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