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Heeding and Davis

Maclean & Robinson's Appeal Cases English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1728
Date01 January 1728
CourtCourt of the King's Bench

English Reports Citation: 90 E.R. 181

IN THE COURT OF KING'S BENCH

Heeding and Davis

5. heeding and davis. In an action of debt upon a bond, the defendant prays oyer, &c. and it was for performance of articles, by which the wife of the defendant and the defendant agreed to bring such a sum of money into the hands of J. S. which were to be employed to their use, &c. the defendant pleads, that after these articles, the defendant married his wife, who was the other party to these articles, and so the articles were discharged by the marriage, &c. to which the plaintiff demurred ; first, because he does not shew that he had brought the money into the hands of J. S. which was a thing to be done before the marriage, and he ought to shew performance of all before the marriage; for if the articles were broke before the marriage, an action being attached, he might have an action, notwithstanding the articles are released by the intermarriage, or by a release in fact, 3 Cr. 244. Dyer 57. Secondly, though by the intermarriage, or a release, the articles are discharged, yet the bond remains in force; as an...

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