Henriques and Others v General Privileged Dutch Company Trading to the West Indies
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | High Court |
English Reports Citation: 92 E.R. 494
COURTS OF KING'S BENCH AND COMMON PLEAS
See Newby v. Von Oppen, 1872, L. R. 7 Q. B. 294.
jacob lopes henbiques, judah senior henriques, isaac senior henriques, william hubbald, and charles nelson, agaimt the general privileged company trading to the west indies. Intr. Pasch. 11 Geo. 1, C. B. Rot. 417, et Intr. Trin. 2 Geo. 2, B. R. Rot. [See Newby v. Van Oppen, 1872, L. R. 7 Q. B. 294.] The warrant of attorney in a cause may be entred of the term the placita is of, tho' the record imports that the parties appeared by their attornies of a preceding term. S. C. Str. 807, vide Fitzg. 191. No damages are recoverable upon a scire facias. S. C. Str. 807. D. ace. Burr. 1791. If there are two distinct judgments upon a record, one of them may be reversed for error, and the other affirmed. S. C. Str. 807. R. ace. ante, 891. Str. 188, 971. D. ace. Burr. 1791. Sed vide ante, 870. In error on a scire facias upon a recognisance of bail the plaintiff cannot object that the defendant could not take the recognisance or sue. A foreign corporation may sue in their corporate name here. S. C. much more at large Str. 612. In a writ of error brought by Henriques and the others, to reverse a judgment given against them by the Court of Common Pleas in a scire facias brought against them by the Dutch West India Company, upon their recognisance as bail for one Jacob Senior Henriques Van Moyses in an action upon the case for money lent brought against him by the said Company, by which recognisance the plaintiffs in error obliged themselves jointly and severally in the sum of 20,0001. The case appeared to be thus : The scire facias was sued out Hil. term 10 Geo. 1, returnable octabis Purif. at the return of which scire facias the said Company appeared by William Bordrigge their attorney, and the sheriff having returned a [1533] scire feci, the plaintiffs in error appeared by William Gilbert their attorney, and imparted to the first return of Easter term then next ; and then pleaded, there was no record of any such recognisance as was set out in the scire facias. To which the Company replied, that there was such a record. Whereupon judgment was given by the Court of Common Pleas, that there is such a record, and judgment was, that the said Company should have execution...
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