Howard against Wood
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 540
COURT OF KING'S BENCH
540 PASCH. 31 CAR. II. IN B. R. 8LEV. 248. [245] howard against wood. Assumpsit for money received in an office, to which the defendant claimed title. S. C. 2 Jo. 126, 127. 2 Mod. 260, 261. 1 Danv. 27. 2 Show. pi. 14. Assumpsit for money received for his use and upon non assumpsit, and special verdict, the case was, The Queen having granted to the plaintiff Sir Robert Howard the stewardship of the honor of Pomfret for years, habend' from the end of a former term, in which stewardship were comprised several courts-leet as well as courts-baron, the first term being ended, the defendant by a grant subsequent to that grant made to the plaintiff, held the court, and received the money, for which the plaintiff brought his action for the fees. And upon arguments at Bar, the Court was of opinion that the grant to the plaintiff in reversion for years was void as to courts-leet, as being a judicial office, but was good as to courts-baron. And as to the objection, that this action will not lie for the money received by the defendant as money received for the pain tiff's use, because the defendant claimed title by another grant made to himself, and therefore received it to his own use ; and that the plaintiff should have brought an action of trover for the money, or case, for disturbing him in his office; the Court answered, that it might be hard perhaps to maintain it, if this were a new case, and the first of this nature ; but they said two or three actions of this kind had been held before, and cited a case between Bradahaiv and Porter, of Grays Inn, for money received as Judge of the Sheriff's Court of London to be so resolved; and therefore it would be hard now to adjudge the contrary. But at the importunity of Jones, Attorney General, to be farther heard in this case, it was adjourned.
English Reports Citation: 89 E.R. 767
IN THE COURTS OF KING'S BENCH
case 14. howard against wood. Easter Term, 29 Car. 2, Roll 573. A grant to two persons of the office of stewardship of an honour, and of the keeping of the court leeta and courts baron within the honour, with the perquisites, " to hold them, after a prior grant determined, for thirty years, if they or either of them should so long live," is good; and they may, after the grant takes effect, maintain an indebitatus assumpsit for taking the fees incident to the court baron, as for moneys had and received to their use.-S. C. 2 Lev. 245. S. C. 1 Freem. 473. S. C. 2 Jones 126. Indebiiatus assumpsit for the fees and profits of the office of stewardship of a court leet and court baron, is brought by a grantee of the reversion of the office for ninety-nine years, against a stranger who took the fees and profits thereof, &c. In this case the questions were two : First, if...
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Howard v Wood
...English Reports Citation: 89 E.R. 354 THE COURTS OF KING'S BENCH AND COMMON PLEAS Howard and Wood [473] case 648. howard v. wood. S. C. 2 Lev. 245. T. Jo. 126. 2 Show. 21. 2 Mod. 173. See S. C. p. 478. Indebitatus assumpsit. In the honour of P. there was a court-leet and a court-baron, and ......
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Brown v Gill
...in error, were substantially those stated in the assignment of errors. (of Title Copyhold (R. 5), citing Howard v. Wood, T. Jones, 126, 2 Lev. 245, where the court held the grant of a stewardship, of the honor of Pomfret, in reversion, to be good as to the court-baron, but not as to the cou......