Hawes against Smith
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 479
COURT OF KING'S BENCH
Disapproved, Segar v. Alkinson, 1789, 1 H. Bl. 104.
hawes against smith. [Disapproved, Segar v. Atkinson, 1789, 1 H. Bl. 104.] Executor in consideration the plaintiff at his request accounted with him promised to pay ; charged de bonis propriis. Error of a judgment in assumpsit in Com. Banco against the defendant as executor, wherein the plaintiff declared, that whereas the testator was indebted to him, the defendant assumed in consideration the plaintiff at his request had accounted with him, and was found so much in arrear, to pay it. The plaintiff had judgment in Com. Banco de bonis propriis of the executor, and this was assigned for error; but over-ruled aa no error, for the plaintiff was not bound to account with the executor, and yet he did account at the request of the executor. Et per Hale, Though a bare account will not oblige an executor to pay de bonis propriis, yet a promise...
To continue reading
Request your trial
-
Forth and Others v Stanton, Widow
...be a sufficient consideration. 9 Rep. 94 a. Bane's cane. Cro. Eliz. 644, Chambers v. Leverage. 1 Rol. Abr. 15, pi. 3. Ibid. 24, pi. 33. 2 Lev. 122, Hawex v. Smith. And it is not necessary in the case of forbearance, where the executor, &c. is charged de bonis propriis, to aver in the declar......
-
Barber v Fox
...with a creditor of his testator will not bind the executor to pay de bonis propriis, yet a promise in consideration of forbearance will. 2 Lev. 122, Hawes v. Smith. Also where the plaintiff having a debt owing to him from the testator on a simple contract, the executor in consideration the ......
-
Knight v Peachee
...248. 1 Vent. 9. (a) It was adjudged no consideration. And see Oble v. Dittlesfield, 1 Vent. 254. Per Hale, C.J. (2) S. C. 3 Keb. 336, 417. 2 Lev. 122. 1 Vent, 268. Sid vide 1 H. Black. 104. (3) S. C. Davism v. Hanslop, T. Ray. 211. 1 Vent. 152-4. 2 Lev. 20. (b) Sir T. Jones says that the K.......
-
Ellis against Bowen, Executor
...been decided more in acquiescence with the established mode of declaring than upon any principle of law. In the case of Ifawea v. Smith, '2 Lev. 122, reported also iu I Veutris, 268, and in 3 Keble, 33C, though a little different in circumstances, it was decided, That a promise by the execu......