James Goddard and Holland Goddard against Thomas Ingram and William Wartnaby
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1842 |
| Date | 17 November 1842 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 730
IN THE QUEEN'S BENCH
S. C. 3 G. & D. 46; 12 L. J. Q. B. 9; 6 Jur. 1060.
730 GOBDARD V. INGEAM 3 Q. B. 840. james goddard and holland goddard against thomas ingram and william wartnaby. Thursday, November 17th, 1842. Indebitatus assurapsit against J. and W. ; plea, the Statute of Limitations; replication, that the debt accrued within six years. The debt was originally contracted with J., W., and S.; and S., more than six years afterwards, and within six years of the action being brought, made a payment in respect of it to plaintiff. S. became bankrupt shortly after; and the jury found that he made the payment in fraud of J. and W., and in expectation of immediate bankruptcy. Held that, nevertheless, the payment barred the operation of the statute. [S. C. 3 G. & D. 46; 12 L. J. Q. B. 9; 6 Jur. 1060.] Assunapsit for money lent, money paid, interest, work and labour, and on an account stated. Plea 2. That the several alleged causes of action in the declaration mentioned did not, nor did any or either of them, accrue to the plaintiffs at any time within six years next before the commencement of this suit, in manner, &c. Replication. That the causes of action did accrue within six years, &c., in manner, &c.: conclusion to the country. Issue thereon. Several other issues were joined. On the trial, before Gurney B., at the Leicester Summer Assizes 1841, the plaintiffs proved that Ingram, Wartnaby, and a person since deceased, named Henry Shuttle-worth, had been partners as attorneys at Market Harborough, and that the firm had kept a banking account with the plaintiffs, who were bankers at the same town. The partnership of Shuttleworth, Ingram and Wartnaby was dissolved in 1829: and the claim of the plaintiffs arose upon the state of the balance at the time of the dissolution, which was then in favour of the plaintiffs to the amount of about 20001. Some payments were subsequently made, up to 1832, reducing the balance to between 14001. and 15001. None of these payments were made within six years of the commencement of the [840] action, which was in 1841. It appeared that, up to the year 1835, letters had been written by the plaintiffs to the different members of the late firm of Shuttlewortb, Ingram and Wartnaby, pressing for a settlement of accounts. In that year the two defendants had complained, in conversation with a customer of the bank, that...
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