Gale against Till
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 373
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 92. gale against till. Executors and administrators, if plaintiff' in the original action, are not liable to costs on error, though the judgment be affirmed ; but in such case, if they are defendants in the original action, they are liable to costa in error.-S. C. 3 Lev. 375, 396. S. C. Comb. 228. S. C. Carth. 281. S. C. Skin. 400. An administrator brought a writ of error to reverse a judgment against himself; but the judgment was affirmed. A. motion waa now made that he should pay costs, because it was his own fault to bring a writ of error to delay the plaintiff, and to put him to charge; and where an administrator is guilty of any wrong or injury done, which lies within his own knowledge, and which he might prevent, there, if judgment be against him, costs must be paid. [245] As if an administrator should bring trover and conversion for the goods of the intestate, and the conversion happens to be after the administration granted, and judgment against him, in such case he shall pay costs (a). It is true, there is a case reported by Justice Croke wherein the law was held to be otherwise (b): the case was thus, viz. An executrix brought a writ of ravishment of ward, and issue being joined upon the tenure it was found against her; three Judges held that she should (b) Sarsfield v. Witherley, 1 Show. 125. Comb. 45. 2 Ventris, 292, 295. Holt, 113. (a) By 3 & 4 Ann. c. 9, "All notes in writing signed by any person, whereby such person shall promise to pay to any other person, or his order, or unto bearer, any sum of money mentioned in such note, shall be taken and construed to be due and payable to the person to whom the same is made payable, and shall be aasignable or indorsable over in the same manner as inland bills of exchange are or may be according to the custom of merchants; and the person to whom such money is, by such note, made payable, may maintain an action for the same as upon an inland bill of exchange, drawn according to the custom of merchants, against the person who signed the same; and the person to whom such note is indorsed may maintain his action for the money, either against the drawer or any of the indorsees, as in caaea of inland bills of exchange." This Act, being for the benefit of commerce, is to be liberally construed, 3 Wils. 1 ; but no notes are within the benefit of it, unless they would, aa bills of...
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