Gage v Acton. 9 Will. 3. in B. R
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 92 E.R. 962
COURT OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
See S. C. 1 Ld. Raym. 515; 91 E. R. 1244 (with note).
[67] case 42. gage vers. acton. 9 will. 3. in B. E. [See S. C. 1 Ld. Eaym. 515; 91 E. E. 1244 (with note).] A bond, given by an obligor who afterwards marries the obligee, the condition of which cannot be broken during coverture, is not extinguished by such intermarriage. 1 Freem. 512, 515, S. C. Garth. 511, S. C. 1 Salk. 325, S. C. Holt 309, S. C. 12 Mod. 288, S. C. Free. Chan. 237, S. C. 2 Vern. 480, S. C. 1 Eq. Ab. 63, pi. 5, S. C. 1 Ld. Eay. 515, S. C. Barori and Feme 55. 1 Bac. Abr. 291. 1 Pow. on Cont. 314, 443. 1 Com. Dig. 552. Harg. Co. Litt. 264 b. n. 2. 2 P. Wms. 243. 2 Vern. 290. Lill. Ent. 213. Comb. 242. Skin. 409. Yin. Abr. tit. Baron and Feme (Q. a.), pi. 15, Extinguishment (M.), pi. 11, Eelease (U.), pi. 22. Debt for rent against the defendant as administratrix due in the life-time of the intestate. The defendant pleaded, that the intestate in his life-time entered into an obligation to her of 20001. when she was sole, which was not yet satisfied, and that she had not assets prseter, &c. which she retained for the debt upon that obligation-And upon the whole the case appeared to be, that the intestate entered into an obligation to his wife dura sola in her own proper name; the condition of which was, that if the intestate, with whom a marriage was then intended by the defendant, should leave her worth at the time of his decease the sum of 10001. in goods and chattels, or if his executors or administrators should pay her 10001. within six months after his decease, then the obligation to be void. Afterwards the obligor and obligee intermarried, the husband died, and the wife took out administration; and to the action brought for rent on lease due from the intestate, the defendant pleaded retainer to satisfy this obligation. And the questions were two; first, whether an administrator could plead a retainer for debt upon a bond to an action of debt for rent? Secondly, whether the obligation was not discharged by the intermarriage of the obligor and the obligee? As to the first question the whole Court agreed, that an executor or administrator might plead a retainer for satisfaction of a debt on bond to an action of debt for rent,. 100MTSI.68. DE TERM. SANCT. HILL. 11 WILL. III. 963 for they are of equal degree ; and then a man may retain for the satisfaction of...
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Cage v Acton
... ... S.) 185. Followed, Milbourn v. Ewart, 1793, 5 T. E. 385. 1244 HIL. TERM, 11 WILL. 3 1LD. RAYM. 815. [515] cage vers. acton. Infcr. Hill. 9 Will. 3, B. E. Rot. 203. [Dictum ... ...