Freeman v Crafts
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1319
EXCH. OF PLEAS.
S. C. 6 Dowl. P. C. 698; 1 H. & H. 188; 7 L. J. Ex. 218; 2 Jur. 760.
REPORTS of CASES ARGUED and DETERMINED in the COURTS of EXCHEQUER and EXCHEQUER CHAMBER, from Trinity Term, 1 VICT., to Hilary Term, 2 VICT., both inclusive. By R. MEESON, Esq., and W. N. WELSBY, Esq., of the Middle Temple, Barristers-at-Law. Vol. IV. London, 1839. [1] reports op cases argued and determined in the courts of exchequer and exohkquer chamber, trinity term, 1 victoria. [Pages 1-4 contain regul^e generales.] [4] fkeeman v. crafts. Exch. of Pleas. 1838,-In debt for work and labour, &c., the aggregate of the sums stated in the declaration being 301., the defendant pleaded payment of divers sums of money, amounting in the whole to the amount of all the debts and monies in the declaration mentioned. The defendant proved payments to the amount of 921., but the plaintiff proved work done, &c. to the amount of 1071. :-Held, that the plaintiff was entitled to a verdict for the balance, and was not bound to new assign. [S. C. G Dowl. P. C. 098 ; 1 H. & H. 188; 7 L. J. Ex. 218; 2 Jur. 760,] Debt in 101. for goods sold and delivered, in 101. for work and labour and materials, and in 10J. on an account stated. Pleas, first, nunquam indebitatus; secondly, that the defendant paid to the plaintiff divers sums of money, amounting in the whole to a large sum of money, to wit, the amount of all the several alleged debts and monies in the declaration mentioned, in full satisfaction and discharge of the said several debts and monies, &c. ; on which issue was taken. On the trial before the under-sheriff of Middlesex, the defendant proved payments to the plaintiff of sums exceeding the amount claimed in the declaration, and the jury found that 921. had been paid by the defendant to the plaintiff, but that the plaintiff had done work for the defendant to the amount of 1071 A verdict was thereupon taken for the plaintiff for the balance of 151., leave being reserved to the defendant to move to enter a verdict for him, if the Court should be of opinion that the plaintiff was not entitled to recover without a new...
To continue reading
Request your trial
-
KEANEY v TOTTENHAM and Mƒ€™GOWAN
...BB. KEANEY and TOTTENHAM AND Mƒ€™GOWAN Greene v. JonesENR 1 Wms. Saund. 298. Barnes v. HuntENR 11 East, 451. Freeman v. CraftsENR 4 M. & W.4. Hall v. Middleton 4 A. & E. 107. Cocker v. CromptonENR 1 B. & C. 489. Dean v. TaylorENR 11 Exch. 68. Cheasley v. BarnesENR 10 East, 80. Rogers v......
-
Bevan against Gething
...51), Manton v. Moore (1 T. R. 67), Collins v. Forbes (3 T. R. 316), note (6) to Greene v. Jones (1 Wms. Saund. 300 b.), Freeman v. Crafts (4 M. & W. 4), Rmtledge v. Abbott (8 A. & E. 592), Alston v. Mills (9 A. & E. 248), Gordon v. The Hast India Company) (7 T. R. 228). Cur adv. vult. Lord ......
-
Bracegirdle against Peacock and Maynard
...J. That has been said because the Judges did not like to overrule the case; but I think it is full of fallacy.] In Freeman v. Crafts (4 M. & W. 4), to a declaration in debt claiming 101. for goods sold and delivered, 101. for work and labour, and 101. on an account stated, the defendant ple......
-
Hawthorn and Others, Assignees of Robson and Another, against The Newcastle upon Tyne and North Shields Railway Company
...51), Manton v. Moore (1 T. R. 67), Collins v. Forbes (3 T. R. 316), note (6) to Greene v. Jones (1 Wms. Saund. 300 b.), Freeman v. Crafts (4 M. & W. 4), Rmtledge v. Abbott (8 A. & E. 592), Alston v. Mills (9 A. & E. 248), Gordon v. The Hast India Company) (7 T. R. 228). Cur adv. vult. Lord ......