Harman against Harman
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 74
IN THE COURT KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
Referred to, In re Fludyer [1898], 2 Ch. 565.
74 MICHAELMAS TERM, 2 JAC. 2. IN B. R. 3 MOD. 116. case 76. harman against harman. Trinity Term, 1 Jac. 2, Roll 181. [Referred to, In re Fludyer [1898], 2 Ch. 565.] To debt on bond an executor may plead & judgment recovered on a simple contract; for unless he had notice of the bond it is no devastavit to pay such debt on simple contract.-S. C. Comb. 35. S. C. 2 Show. 492. 3 Lev. 114. 5 Co. 83. Fitzg. 77. 1 Vern. 143, 203, 457. 2 Vern. 37, 88, 101, 202, 220. Free. Chan. 188, 534. 10 Mod. 428, 495. 11 Mod. 45. 12 Mod. 291, 153, 527. 1 Peer. Wins. 295. 2 Peer Wms. 296, 447. 3 Peer. Wms. 222, 400. Cases T. T. 217. 1 Stra. 407, 732. 2 Stra. 1028. 1 Ld. Ray. 786. 2 Ld. Ray. 1391. Rich on Wills, 379. Bull. N. P. 178. 5 Com. Dig. " Pleader" (2 D. 9). 1 Term Rep. 690. Debt upon a bond against an administrator, who pleaded "fully administered," and that he had not notice of this bond before such a day; and a special verdict was found. The question was, whether notice is necessary to be given of debts of an inferior nature. The Court gave no opinion. But they agreed that a judgment upon a simple contract may be pleaded in bar to an action of debt upon a bond ; and that it is no devastavit in an executor to pay a debt upon such a contract before a bond debt, of which he had no notice (b). So where an obligor did afterwards enter into a recognizance in the nature of a statute, and judgment was against him upon the bond, and then he died ; his executrix paid the creditor upon the statute, and the obligee brought & scire facias upon the judgment on the bond debt, and she pleaded...
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