Hacket against Tilly
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | Court of the Queen's Bench |
English Reports Citation: 88 E.R. 917
IN THE QUEEN'S BENCH.
[93] case 150. hacket against tilly. Bond to save harmless against escapes.-S. C. Lilly, Ent. 160. S. C. Holt, 201. S. C. 2 Ld. Eay. 1207. Debt upon a bond conditioned to save harmless against any actions brought for any escapes. A difference was taken between a general condition, and a condition only to save harmless against escapes suffered by the party himself: and then a construction of words shall be according to the intent of the parties. 1 Lev. 63. Yelv. 197. Hob. 14. Dyer, 306. Owen, 100. Dyer, 17. A condition (a) shall be intended for the benefit of the obligor, and is in the nature of a defeasance; aliter if the bond had been single. (a) See the case of Fere v. Smith, 2 Lev. 5. S. C. 1 Vent. 121. S. C. 2 Keb. 761, 779, 830. (a) It appears that this case was in Hilary term, 7 Ann. S. C. 1 Salk. 131. (a) For construction of conditions, see Hob. 304. Hut. 40. 18 Edw. 4, c. 28. 1 Roll. Abr. 417. A bond conditioned to commit maintenance is void. 2 Leo. 107. Moor, 186. 10 Co. 101.- Note to former Edition. 918 MICHAELMAS TERM, 5 QUEEN ANNE. IN B. R. 11 MOD. 94. Holt, Chief Justice, A bond to save a man harmless from an unlawful act already done is not void, but is an undertaking to bring him off. There is a difference between saving a niau harmless from an action, and a judgment; for in saving him harmless from an action, he must take care that it does not go to judgment; for then it is no longer an action (b). Powell, Justice. If a gaoler take a bond from a servant, to save him harmless from all escapes to be suffered by the servant, it is good. A condition may be good for part, and void for part; but a [94] condition against a statute, if it is void in part, is void in the whole. See the stat. 23 Hen. 6, c. 10. 10 Co. 101. 11 Co. 53.
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Anonymous. [in the QUEEN'S BENCH.]
...English Reports Citation: 88 E.R. 917 IN THE QUEEN'S BENCH.Anonymous 11MOD.93. MICHAELMAS TERM, 5 QUEEN ANNE. IN B. R. 917 case 147. anonymous. Debt or account for money delivered to buy goods. Q. Powell, Justice. If I give money to another to buy goods for me, and he neglects to buy them, ......