Field v Mitchell

JurisdictionEngland & Wales
Judgment Date01 January 1806
Date01 January 1806
CourtHigh Court

English Reports Citation: 170 E.R. 833



field v. mitchell. (Case will not lie for taking an excessive distress, where one thing only could be taken, though greatly exceeding in value the amount of the distress. Express malice not necessary to be proved to support the defendant The broker who made the distress is not an admissible witness for the defendant unless released ) This was an action on the case for taking an excessive distress. The case in evidence on the part of the plaintiff was, That he was tenant to the defendant of certain premises , that seven guineas only being in arrear, the distress waa made by direction of the defendant, and goods taken, which were valued by the plaintiff's witness at £30, but which in fact sold for £10 only. These facts being proved, Sir V. Gibbs, for the defendant, contended, That the plaintiff upon the evidence given, and the facts proved as above stated, should be nonsuited ; he contended, that to support the action, the taking must appear to be malicious, or the plaintiff could not be entitled to recover. That all [72] the old cases to be met with in the books, in stating in what instances a plaintiff was entitled to recover in this action on the ground of such excess was, where there was a great disproportion, as an ox distrained for a penny, which is the case put in the books ò that here the goods had sold but for a few pounds beyond the sum for which the distress was made, out of which the expences were to be deducted ; that it was N. P. I.-27 834 DANIEL V. PITT BSP. 71. impossible to judge with sufficient accuracy, as to what things so taken would produce : if taken as a distress under auy circumstances, they sold to a certain, disadvantage, and it would therefore be extremely hard to subject a party to an action for taking goods, where so trifling an excess in value only appeared. Lord BUenborough.-There is a distinction between the cases, where there is but one thing which can be distrained, and where there are many, and so the distress is divisible. If there is but one thing which can be taken, so that it must be taken, or the party must go without his distress, for taking it no action lies, though...

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4 cases
  • South East Enterprises (Singapore) Pte Ltd v Hean Nerng Holdings Pte Ltd
    • Singapore
    • Court of Appeal (Singapore)
    • 15 March 2013
    ...Curtis v Metro-Goldwyn-Meyer (Oriental) Inc [1931] SSLR 42 (folld) Debtor (No 2 of 1977) , Re A [1979] 1 WLR 956 (refd) Field v Mitchell (1806) 6 Esp 71; 170 ER 833 (folld) Gawler v Chaplin (1848) 2 Exch 503; 154 ER 590 (folld) Ginsin Holdings Pte Ltd v Tan Mui Khoon [1996] 3 SLR (R) 500; [......
  • Taylor against Henniker, Baronet
    • United Kingdom
    • Court of the Queen's Bench
    • 24 June 1840
    ...may be one without the other j [490] Ma.rze.iti v. Williams (1 B. & Ad. 415), Blofeld v. Payne (4 B. & Ad. 410). In Field v. Mitchell (6 Esp. 71), it was contended that an action for an excessive distress would not lie unless the taking was malicious; but Lord Ellenborough denied the propos......
  • Sturch against Clarke and Two Others
    • United Kingdom
    • Court of the King's Bench
    • 5 November 1832
    ...have been made joint defendants. In such a case the Act does* not apply. Bell v. Oakley (2 M. & S. 259), (a) See Field v. Mitchell, 6 Esp. 71. (5) Overseers distraining for poor's rate are within the statute, Harper v. Carr, 1 T. E. 270. 4 B, & AD. 116. WEIGHT, V. BRUISTBR 399 decides this,......
  • American Stores Ltd v Hoesin-singh et Al
    • Trinidad & Tobago
    • High Court (Trinidad and Tobago)
    • 12 December 2013
    ...... disproportionate to the rents owed taking into consideration the conditions in which a forced sale of the effects would have to take place: Field v. Mitchell (1806) 6 ESP 71) Halsburys ed. Vol 62 paragraph 408 . 127 I have found that the rent in arrears at the time ......

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