Horn against Hughes
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1807 |
| Date | 28 April 1807 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 376
IN THE COURT OF KING'S BENCH.
376 , HORN ,V, HUGHES 8 EAST, 348. horn against hughes. Tuesday, April 28th, 1807. If a debt be reduced by part, payment below 51. before the action brought, the case is within the London Court of Bequests Act, 39 & 40 G. 3, c. 104. Upon a rule for entering a suggestion on the London Court of Eequests Act, 39 & 40 Geo. 3, c. 104, that the original cause of action did not exceed 51., and that the same was recoverable in that Court; it appeared that the original sum due from the defendant to the plaintiff was 61. 9s., but the plaintiff's witness proved that 21. had been paid by the defendant before the action was brought. Marryat, who shewed cause against the rule moved by Wigley, said that Clark v. Askew (ft)1, where a part payment which reduced the debt below 40s. be-[348]-fore the action brought was held to bring the case within the Southwark Court of Bequests Act, 22 Geo. 2, c. 47, turned upon the wording of that Act, which was different from the London Act: which says, (s. 12,) "That if any action shall be commenced in any other Court than the said Court of Requests for any debt not exceeding 51. &c. then the plaintiff shall not by reason of any verdict for him be entitled to any costs," &c. And here...
To continue reading
Request your trial
-
Colles and Another v Hornsby and Another
...the costs of the motion. J. G. T. (2) Before Palles, C.B., and Gibson and Boyd, JJ. (1) 1 H. Bl. 433 and 4 T. R. 94. (1) 1 H. Bl. 437; 8 East, 347. (1) 8 East, (2) 1 H. Bl. 433. (3) 1 H. Bl. 437; 8 East, 347. (1) I. R. 3 C. L. 631, at p. 636. (1) The question as to the sufficiency of these ......
-
Woodhams v Newman
...below the limited amount by part payment, Clark v. Askew (8 East, 28, on the South-wark act, 22 G-. 2, c. 47, s. 6), Horn v. Hughes (8 East, 347, on the London act, 39 & 40 G. 3, c. civ. s. 12), Fountain v. Young (1 Taunt. 60, on the Southwark act, 46 G. 3, c. Ixxxvii. s. 12), Walker v. Wat......
-
Robert Emery and Daniel Winder Kelly, - Appellants; Edward Binns, - Respondent
...even in these cases the verdict could not always be held conclusive, as is shown by the opinion of Lord Ellenborough, in Horn v. Hughes (8 East, 347), which has been recognised as good law by the Court oi Common Pleas, in Harsant v. Larkin (3 Brod. and Bing. 257). Now if this be the ground ......
-
Bailey, Assignee of Callis, an Insolvent Debtor, v Chitty
...due and payable, and the plaintiff' might recover it, clown to the last moment before the commencement of the action.] In Horn v. Hughes (8 East, 347), Lord Ellenborough said, " It is unnecessary to say what we might have thought, if it had appeared that the plaintiff had a reasonable groun......