Edmonds v S-B-
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1862 |
| Date | 01 January 1862 |
| Court | Assizes |
English Reports Citation: 176 E.R. 438
Nisi Prius
1862, coram Crompton, J edmonds v S B (A co-surety having paid the debt to the judgment creditor held, entitled to take the debtor in satisfaction, although he had been discharged under a former ca sa ) Summons to set aside ca sa., on which defendant had been taken in execution for 2500Z, on ground that defendant had } een previously taken under a former ca sa on the same judgment, and the judgment satisfied by payment [963] The principal facts appearing on the affidavits on both sides were, that a Captain B. as principal debtor, and Sir J F and the defendant, S B., his sureties, had entered into a bond for securing 5000/. to the plaintiff, and the defendant had also, as a further security, executed a warrant of attorney to the plaintiff, on which the judgment referred to was entered up against the defendant, and the defendant was in January, 1862, taken in execution for a sum exceeding 5000/, for principal, interest and costs. Sir J. F , in discharge of his liability as co-surety on the bond, paid the amount indorsed on the ca. sa., and an agreement was signed, by which the defendant and Captain B. agreed to assign certain interests in property as security for sums (including the sum so paid) which Sir J F had paid, or was liable to pay ( z) Which provides that, in any action brought by a man and his wife for an injury done to the wife in respect of which she is necessarily joined as co-plaintiff, it shall fae lawful for the husband to add thereto claims in his own right ; and separate actions brought in respect of such claims may be consolidated, if the Court or a Judge shall think fit. It would seem that this means only cases in which there could be joindei of the wife in suing for an injury to her, but that might be m every case of injury to her, for she could not sue alone , Higgins v Butcher, Yelv 89 (b) Dengate v. Gardiner, 4 M & W 5 (c) Page 42, 1st edit Sed vide FmUison's- C L P Acts, p 79 " The injury being to the wife " ; Walks v Harrison, 5 M & W. 142 , Latujmed v Halltday, 6 Exch 761 The section applies to torts and cases in which the wife must join , citing Johnson v Lucas 1 E & B 659 ; 22 L J , Q B 174 ST. & P. 964. EDMONDS V. S B 439 as surety. The defendant had been icquested to execute tho assignment and wart ant of attorney, hut had not done so , and no pait of the payments of Sn J F had been reimbursed, either by the principal or by the defendant An action was...
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