Goodwin v Willoughby
Jurisdiction | England & Wales |
Judgment Date | 01 January 1662 |
Date | 01 January 1662 |
Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 315
King's Bench Division
goodwin versus willoughby. En un action sur le case le plaintiff declare, q^ lou le baron del defendant, super compotum inter eos indebitat intant, al plaintiff assume de payer c a luy, & apr morust defendant, esteant son feme, ayant notice del dit promise, & auxi ayaut notice, q^ le plaintiff voet suer, & molest luy sur le dit promise, vient al plaintiff, & luy request, qj il ne voet suer luy tanq^, &c. Et dit ouster, q^ fuit de receaver tant de J. S. & promise al plaintiff, in consideration, q^ il ne voet sue, & molest luy sur le dit promise tanq^ &c. si il receive le dit summe de [142] J. S. que el voet luy pay; & alleadge, f^ a sa request il forbeare, & ne sue, ou molest le defendant, tanq^, &c. Et q^ el receive le dit summe de J. S. & uncore rie luy pay. Sur non assumpsit, trove pur le plaintiff, & move p Stone en arrest del judgemet, quia ne monstre 1'accounb inter le baron, & plaintiff. Cua. P. 2 Car. fuit resolve, q^ c est assets bien, quia est icy forsqj un inducement; quia Doderidge dit, q, serra icy infinite a monstre tout 1'account. Mes n'est bien a dire, quod cum indebitatus existit, assumpsit, &c. Secondementj ne monstre le ground, pur q^ le feme fuit suable: quia ne monstre d'estre executrix, ou chargeable ove c debt; & donq^ n'est pluis, q^ J. S. dit al J. D. que il voet suer luy, Oj promise, q^ si il voet forbear, de payer, &c. Icy n'est ascun ground del action. Et accord pur c poynt, quia donque voet open un impious voy a touts barrettors de vexer honest homes, & donque cestuy, que n'ad un debt, n'ad cause de forbear un debt. Jones; La fuit uu Whitpool's case adjudge. Un infant fait un contract, & a pleiu age promise en consideration, que il voet...
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