Harvy v Thorne
Jurisdiction | England & Wales |
Judgment Date | 01 January 1681 |
Date | 01 January 1681 |
Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 917
King's Bench Division
ALEYN. 63. PASCH. 24 CAR. BANCO REGIS 917 pasc. 24 car. B. E. harvy versus thorne. pasc. 24 car. eot. 427. Case. In an action upon the case against an executor, the plaintiff declares, that upon a treaty of a marriage it was agreed between the plaintiff and the testator, that he should pay to the plaintiff lOOli. and whilst that should be unpaid, he should pay the plaintiff lOli. per annum, which agreement was made anno 1618. And the action was brought for all the arrears by the space of 28 years. The defendant pleaded the Statute of Limitations, whereupon the plaintiff demurred. And upon the motion of Hale (who advised the attorney [63] to bring the action for all the arrears) that it appeared that all could not be barred by the statute. Judgment was given for the plaintiff, no counsel being retained in the cause for the defendant.
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