Egles against Vale
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 59
IN THE KING'S BENCH.
CRO. JAC. 70. EASTER TERM, 3 JAC. 1. IN B. R. 59 case 11. egles against vale. Easter Term, 1 Jac. 1. Eoll 131. If two persons have dealings and make up their accounts, an assumpsit will lie against him who owes the balance. Post 234. Yelv. 70. Cro. Car. 116. 1 Roll Ab. 7. 1 Bulst. 208. Salk. 9. Cowp. 290. 294. 565. 2 Ter. Eep. 479. A jury may assess damages as far as counted for, and also costs beyond that sum. Post. 279. 420. Yelv. 70. 1 Roll. Ab. 578. 10 Co. 116, 117. Cro. Eliz. 866. 2 Com. Dig. 622. Salk. 207. Dougl. 376. 752. 2 Term Rep. 388. An action will not lie before the cause of action arises. Post. 561. Yelv. 71. Cro. Car. 282. 575. 2 Lev. 197. Garth. 114. Show. 147. Cro. Eliz. 325. 1 Sid. 307. 1 Vent. 135. 2 Mod. 343. 4 Mod. 367. 2 Strange, 806. 1 Strange, 22. 1 Wilson, 180. Cowp. 454. 671. Dougl. 62. Error of a judgment given in Coventry in an assumpsit. The first error assigned was, for that the plaintiff declares, whereas the plaintiff and defendant, 4 March, 43 Eliz. accounted together for divers sums of money received by the defendant, and the defendant was found to be in arrear ten pounds ; that the defendant, in consideration thereof, assumed to pay that ten pounds on the 19th of March following, and alledgeth in fact that he had nob paid ; whereupon he brought that action : whereas there is not any consideration nor cause to ground such an action ; for the being found in arrear is not any cause to mako a special promise ; nor is there any thing done on the plaintiff's part whereupon this promise should be grounded, viz. the forbearing of the suit, or any such thing.-Sed mm allocatur; for the debt itself, without other special cause, is sufficient to ground the action. A second error assigned was, because he declares to his damage of ten pounds, and, upon nm assumpsit pleaded, the jury assess damages to ten pounds, and costs to thirteen shillings and four-pence; so that the damages and costs assessed by the jury exceed the damages whereof the plaintiff counts, and judgment is given accordingly; which...
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