Hayman v Gerrard
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 108
COURT OF KING'S BENCH
108 HAYMAN V. GERRARD 1 WM8. SAVND. 99. [99] 12. hayman versus gerrard. Paach. 19 Car. II. Regis, Kol. 285. Debt. London, to wit.-Be it remembered that heretofore, to wit, in the term of St. Hilary laat past, before our lord the King at Westminster, came Edward Hayman, by Richard Hals his attorney, and brought here into the Court of our said lord the King there his certain bill against Henry Gerrard, otherwise called Henry Gerrard, of the parish of St. Margaret, Westminster, in the county of Middlesex, in the custody of the marshal, &c. of a plea of debt, and there are pledges to prosecute, to wit, John Doe and Richard Roe, which said bill follows in these words, to wit: London, to wit, Edward Hayman complains of Henry Gerrard, otherwise called Henry Gerrard, of the parish of St. Margaret, Westminster, in the county of Middlesex, being in the custody of the marshal of the Marshalsea of our lord the King, before the King himself, of a plea that he render to him 10001. of lawful money of England, which he owes to, and unjustly detains from him; for that whereas the said Henry, on the 9th day of August, in the 17th year of the reign of our Lord Charles the Second [100] now King of England, &c. at London aforesaid, in the parish of St. Dunstan in the West, in the ward of Farringdon Without, by his certain writing obligatory, sealed with the seal of him the said Henry, and to the Court of our said lord the King now here shewn, the date whereof is the same day and year, acknowledged himself to be held and firmly bound to the said Edward in the said 10001. to be paid to the said Edward, when the aaid Henry should be thereunto required ; yet the said Henry (although often required) has not yet paid the said 10001. to the said Edward, but to pay the same to him has hitherto altogether refused, and still refuses, to the damage of him the said Edward of 401. ; and therefore he brings suit, &c. And now at this day, to wit, Wednesday next after 15 days of Easter, in this same term, until which day the said Henry had leave to imparl to the said bill, and then to answer, &c. before our lord the King at Westminster, comes as well the said Edward Hayman by his said attorney, as the said Henry Gerrard by John Cuff his attorney ; and the said Henry defends the wrong and injury, when, &c. and prays oyer of the said writing obligatory, and it is read to him, &c. ; he also prays oyer of the condition of the said writing obligatory, and it is read to him in these words : that is to say, "The condition of this obligation is such, that if the above-bounden Henry Gerrard, his executors, or administrators, or any of them, do and shall truly render a full account unto the above named Edward Hayman, his executors, or administrators, of all snch sum or sums of money, rents, goods, bills, bonds, and debts, which were due and belonging to William Norrel, late of the parish of St. Martin's in the Fields, in. the county of Middlesex, gent, deceased, at the time of his death, which shall any ways come to his the said Henry's hands and possession, as joint administrator in right of Ann his wife, daughter of the said William Norrel, and shall upon such account òwithin tie space of one week, when required, make an equal dividend of all such sums of monies, rents, debts, and goods, unto him the said Edward, and pay and satisfy the said Edward, his executors, or administrators, his proportion of the same, that then this obligation to be void, or else to remain and be in full force and virtue." Which being read and heard, the said Henry says, that the said Edward ought not to have or maintain his said action thereof against him, because he says that no sura or sums of money, rents, goods, bills, bonds, or debts whatsoever, which were due or belonging to the said William Norrel mentioned in the said condition at the time of his death, & K c. 81, Lord v. Cross. 4 N. & M. 30, S. C. 2 Cr. M. & R. 736, Duckworth v. Fogg. I Tyr. & G. 172, S. C.; in the C. P. at Durham, see stat. 2 & 3 Viet. c. 16, s. 28: and as to the removal of judgments from Inferior Courts for the purposes of execution, see stat. 1 & 2 Viet. c. 110, s. 22. Where a judgment has been removed under that statute, the Court will not, on a motion to set it aside, inquire into the regularity of the proceedings below previous to the judgment. 8 Dowl. 646, Simons v. De Wints.] 1 WMS. SAOND. 101. MICH. 19 CAR. II. REGIS 109 came to the hands or possession of him the said Henry, as joint administrator in right of Ann hia wife; and this he [101] is ready to verify: wherefore he prays judgment if the said Edward ought to have or maintain his said action thereof against him, &c. And the said Edward Hayman says, that he, by reason of any thing by the said Henry Gerrard above in pleading alleged, ought not to be barred from having his said action thereof against the said Henry Gerrard, because he says, that after the making of the said writing obligatory, to wit, on the 1st day of December, in the said 18th year of the reign of our Lord Charles the Second now King of England, at London aforesaid, in the parish and ward aforesaid, a silver bowl of the value of 31. of the said William Norrel in the said condition above-named, and belonging to the said William Norrel at the time of his death, came to the hands and possession of the said Henry Gerrard, as joint administrator in right of his said wife, and daughter of the said William Norrel; and this he the said Edward Hayman is ready to verify ; wherefore he prays judgment, and his said debt, together with his damages on occasion of the detention of that debt, to be adjudged to him, &c. A general demurrer, and a joinder in demurrer. But because the Court of our said lord the King now here is not yet advised of giving their judgment of and upon the premises, a day thereof is given to the said parties before our lord the King at Westminster, until Friday next after the morrow of the Holy Trinity, to hear their judgment of and upon the premises, because the Court of our said lord the King now here is not yet advised thereof, &c.
English Reports Citation: 85 E.R. 109
COURT OF KING'S BENCH
[102] 12. hayman versus gehrakd. S. C. 1 Sid. 340. 1 Lev. 226. 2 Keb. 258, 275. Debt on bond conditioned to render an account of all such sums of money and goods as were due and belonging to W. N. at the time of his death, which should any ways come to defendant's hands, and to make an equal dividend...
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