Holland v Jourdine
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1815 |
| Date | 15 June 1815 |
| Court | Court of Common Pleas |
English Reports Citation: 171 E.R. 141
COMMON PLEAS
[6] June 15, 1815. holland v. joukdine. (After action brought, the defendant pays the plaintiff the debt and costs in the cause, and takes a receipt for the same. The plaintiff nevertheless proceeds in the action, and the defendant pleads the general issue The receipt is no defence under this plea, and plaintiff is entitled to nominal damages ) This was an action to recover the amount of an attorney's bill ; plea, the general issue. The defendant's counsel admitted the bill to be due, and the defence was, a receipt given by the plaintiff after action brought for the debt and costs in the cause Onelow, aerjeant, for the plaintiff, contended, that it was not evidence under the general issue ; the receipt having been given after action brought The mode of taking advantage of such payment must be, by an application to the Court, or a special plea. Best, serjeant, for the defendant, admitted that payment after action brought could not be given in evidence under the general issue , but, in the present case, the debt and costs are included in the receipt which the plaintiff gives Gibbs, C. J.- It is no answer to the action under...
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