Emerson against Blonden

JurisdictionEngland & Wales
Judgment Date01 January 1793
Date01 January 1793
CourtHigh Court

English Reports Citation: 170 E.R. 306

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.

Emerson against Blonden

[142] Same day emerson against blonden. (Where a husband permits his wife to act for him in any department of business her admissions or acknowledgments are evidence to charge the husband.) Assumpsit for the use and occupation of certain rooms in the plaintiff's hoube, which had been let to the defendant The defendant and his wife had taken the apartments at a certain rent; the wife had made the bargain, and had agreed to give three months' notice of quitting Having quitted without notice, the action was brought to recover the three months' rent. A witness for the plaintiff proved a demand of the rent from the defendant's wife, and that she had acknowledged the sum claimed to be due, and had promised payment. Mingay for the defendant objected to this evidence, as it was admitting the declarations of the wife, and her acknowledgment of debt to charge the husband. It was answered by the plaintiff's counsel, that the defendant having in the present instance permitted his wife to act for him in making the agreement, and settling the terms upon which the lodgings were taken,that he had thereby constituted her his agent for that purpose, and should therefore be bound by...

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7 cases
  • Ofulue and Another v Bossert
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 Enero 2008
    ...Thus an admission that a document was in the handwriting of one of the parties was received in evidence in Waldrige v. Kennison (1794) 1 Esp. 142. I regard this as an exceptional caseit should not be allowed to whittle down the protection given to the parties to speak freely about all issue......
  • Ofulue and Another v Bossert
    • United Kingdom
    • House of Lords
    • 11 Marzo 2009
    ...title to 61 Coborn Road was in no way connected with the merits of the cause being litigated. After referring to Waldridge v Kennison (1794) 1 Esp 142 with some lack of enthusiasm Lord Griffiths then said that "If the compromise fails the admission of the facts made for the purpose of the c......
  • Bradford & Bingley Plc v Rashid
    • United Kingdom
    • House of Lords
    • 12 Julio 2006
    ... ... encouraging the debtor to be open with his creditor without fear of what he said being used against him. But it takes two to negotiate and there is also a public policy in encouraging the creditor ... ...
  • Rush & Tompkins Ltd v Greater London Council
    • United Kingdom
    • House of Lords
    • 3 Noviembre 1988
    ...Thus an admission that a document was in the handwriting of one of the parties was received in evidence in Waldridge v. Kennison (1794) 1 Esp. 142. I regard this as an exceptional case and it should not be allowed to whittle down the protection given to the parties to speak freely about all......
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