Garrett against Dandy
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 89 E.R. 418
IN THE COURTS OF KING'S BENCH
case 25. garrett against dandy. In debt on a bottomree bond to pay money, and perform covenants, the defendant, is not bound to put in bail by the statute 3 Jac. 1, c. 8, on a writ of error on the judgment.-S. C. Comb. 105. Debt on a bottomree bond, with a special condition to pay three hundred pounds with interest at the return of the ship " Prudent" in thirty-six months, with thirty-two pounds a mouth for every month after, if not lost or cast away before; and also to perform covenants and agreements in a certain writing or bill of bottomree made the same day. The defendant craves oyer, and pleads the Statute of Usury. The plaintiff replies, JVon corrupt^ fuit agreatum. The defendant demurs. Judgment for the plaintiff. Writ of error is brought in the Exchequer Chamber. Tremain Serjeant moved for liberty to take out execution, no bail being put in according to the statute. I opposed it; and moved for a supersedeas, a writ of error being brought and allowed; for that no bail was required by the law in this case. The Statute of the Queen doth not reach to it, for there it is only an injunction on the Chancery to take it; the statute of 16 and 17 Car. 2, c. 8, s. 3, doth only make that of 3 Jac. 1, c. 8, perpetual, and enlarges it in no cases but after verdict; and so our case is out of that, and within none but the 3 Jac. 1, c. 8, "in any action or bill of debt upon any single bond for debt, or obligation for payment of money only, or upon any action or bill of (a) The case was thus: There were several part-owners of a ship, and the major part of them agreed to send her on a voyage to sea, but the rest disagreed, whereupon the greater number, according to the common usage in such cases, suggest in the Admiralty Court the disagreement of their partners ; and then, according to their usage there, they order certain persons to appraise the ship, who accordingly set a value thereon ; and then the major part, who agreed to the voyage, enter into a recognizance, wherein they bind themselves jointly and severally to the disagreeing partners, in a sum proportionable to their shares, according to the value set by the appraisers, &c. which is usually done in that Court to secure the shares in the ship of those who disagree to the voyage, against all adventures.-Parry, one of the disagreeing partners, takes out a scire facias upon such a recognizance, entered into by Knight...
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