Gillett against Abbott
| Jurisdiction | England & Wales |
| Judgment Date | 15 January 1838 |
| Date | 15 January 1838 |
| Court | Court of the King's Bench |
English Reports Citation: 112 E.R. 665
IN THE COURT OF KING'S BENCH
S. C. 3 N & 3 P. 24; 1 W. W. & H. 89; 7 L. J. Q. B. 61; 2 Jur. 300.
[783] gillett against abbott. Monday, January 15th, 1838. In an action of covenant not for indemnifying plaintiff against liabilities incurred by him as trustee under a former deed, to which plaintiff and defendant were parties, the declaration set out the deed of indemnity, which recited, in part, the deed of trust. Plea, that defendant did not become liable by reason of his having been trustee under the trust deed, nor was the loss complained of a consequence of the trusts, or of plaintiff's having been such trustees as aforesaid. Issue thereon. Held, that neither the form of the issue nor the recital in the deed of indemnity entitled the plaintiff to put in the deed of trust without proof, by the subscribing witness, of its execution. The recital, in a deed, of a former deed between the same parties, proves (as between the parties) so much of the former deed as is recited, but no more. [S. C. 3 N. & P. 24 ; 1 W. W. & H. 89 7 L. J. Q. B. 61 ; 2 Jur. 300.] Covenant. The declaration stated that, by indenture of March 7th, 1837, between defendant, Sweetman, Sears, Barrett, and Holt, of the first part, defendant, Sweetman, Sears, and Barrett of the second part, defendant, Sweetman, and Sears, of the third part, plaintiff of the fourth part, and defendant and Coxe of the fifth part (profert), after reciting that, by a certain other indenture bearing date on or about the 25th day of March 1836, and made between the several parties whose names are thereunto subscribed and whose seals are thereunto affixed (except the several persons parties thereto of the second and third parts) of the first part, the defendant and the said 666 GILLETT V.ABBOTT 7 AD. & E. 784. Holt of the second part, and the said Barrett and the plaintiff of the third part, certain covenants and provisoes were entered into by and between the said parties thereto, for the establishment and regulation of the London Patent Cork Manufactory, and by virtue whereof the said Jeremiah Barrett and the plaintiff became the trustees thereof: and also further reciting that the plaintiff was desirous of retiring and being discharged from the said trusts; and that the parties to the said first-mentioned indenture of the third part were desirous that the defendant and Coxe should be trustees in the place and stead of the plaintiff and Barrett, and...
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