Giles and Hart
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1724 |
| Date | 01 January 1724 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 580
IN THE COURT OF KING'S BENCH
giles and hart. Indebitatus assumsit tout temps prist, with tender and refusal pleaded. Lutw. 227. Ante. Indebitatus assumpsit, and a special request, with the time and place laid in the declaration. The defendant pleads a tender of the money at a certain day, and that the plaintiff refused it; and from that time to this he hath been ready, and now brings it into Court. The plaintiff demurred, and Northy said, the special request ought to have been traversed, but that was not regarded by the Court; but whether the defendant was bound to answer the time between the promise and the tender, was the question. Sir Barth. Shower pro defendente, Payment before the action brought is a good bar, and may be either pleaded or given in evidence; now tender and refusal, with an uncore prist, is all one with payment; and it shall not be intended, that he was in laches before in the one case more than the other, they might have reply'd that antecedent to the tender they requested. [444] Holt Ch. J. The acceptance of the money it self goes in satisfaction of all; COMBERBACH,446. ANNO 9 WILL. III. IN B. R. 581 but here I think you should say, that at all times afber the promise you...
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Giles v Hart
...temps print, which cannot be after imparlance. 2 Lev. 209. 3 Lev. 24, 103, 146, 277, 440. 1 Show. 129, 130. Comb. 441, 334. Yen. 322, S. C. Comb. 443. Carth. 413. 3 Salk. 343. Holt 556. Cases B. R. 152. Indebitatus assumpsit and quantum meruit, and that being requested at such a clay and pl......
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Giles against Hart
...EXCHEQUER Giles against Hart case 275. giles against hart. Tout lamps prist cannot be pleaded after imparlance.-S. C. 2 Salk. 622. S. C. Comb. 443. S. C. Garth. 413. S. C. 3 Salk. 343. S. G. Holt, 556. S. C. 1 Ld. Ray. 254. fnikbitatus assumpnit and qiuintum meniit for goods sold, wherein a......
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Giles v Hartis
...622. Carth. 413. 12 Mod. 152. A plea of tender must shew that defendant was always ready to pay the debt from the time it accrued. S. C. Comb. 443. 3 Salk. 343. Holt 556. 20 Vin. 307, pi. 14. Tender bars not the action, but farther damages only. S. C. 3 Salk. 343. 20 Viri. 193, pi. 2. R. ac......
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Sweatland v Squire
...Sweatland and Squire Hill. 10 Will. 3, B. R. 2. sweatland versus squire. [Hill. 10 Will. 3, B. R.] Tout temps prist. Lutw. 226, 283, 368. Comb. 443, 444. 2 Lev. 209. Indebitatus assumpsit: the defendant pleaded, that before the action, viz. such a day, he tendered the sum of so much money, ......