Lampleigh v Brathwait
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 255
King's Bench Division
S. C. 1 Sm. L. C, 11th ed. 141. See Baxendale v. London, Chatham & Dover Railway, 1874, L. R. 10 Ex. 42; Edmunds v. Wallingford, 1885, 14 Q. B. D. 814; Blyth v. Fladgate [1891], 1 Ch. 358; In re Casey's Patents [1892], 1 Ch. 115; Banner v. Tottenham, &c., Building Society [1899], 1 Q. B. 167; Tolhurst v. Associated Portland Cement Company [1902], 2 Q. B. 668; [1903], A. C. 414.
HOBART. 108. LAMPLEIQH V. BRATHWAIT 255 129. lampleigh versus brathwait. Mich. 13 Jac. Eot. 712. [S. C. 1 Sm. L. C, llth ed. 141. See Baxendale v. London, Chatham & Dover Eailway, 1874, L. E. 10 Ex. 42 ; Edmunds v. Wallingford, 1885, 14 Q. B. D. 814; Blyfk v. Fladgate [1891], 1 Ch. 358; In re Casey's Patents [1892], 1 Ch. 115; Banner v. Tottenham, &c., Building Society [1899], 1 Q. B. 167 ; Tolhurst v. Associated Portland Cement Company [1902], 2 Q. B. 668; [1903], A. C. 414.] Aasumpsit. London. Asaumpait and of consideration generally Moo. 866. Mesme. Brownl. 7. 2 Keeb. 666. p. 28. Anthony Lampleigh brought an assumpsit against Thomas Brathwait and declared, that whereas the defendant had feloniously slain one Patrick Mahurae, the defendant after the said felony done, instantly required the plaintiff to labour, and do his endeavour to obtain his pardon from the King : whereupon the plaintiff upon the same request did, by all the means he could and many days labour, do his endeavour to obtain the King's pardon for the said felony, viz. in riding and journeying at hia own charges from London to Roiston, when the King was there, and to London back, and so to and from New-market, to obtain pardon for the defendant for the said felony. Afterwards, scil. &c. in consideration of the [106] premisses, the said defendant did promise the said plaintiff to give him 100 pounds, and that he had not &c. to hia damage 120 pounds. To this the defendant pleaded non assumpsit, and found for the plaintiff damage one hundred pounds. It was said in arrest of judgment, that the consideration was passed. But the chief objection was, that it doth not appear, that he did any thing towards the obtaining of the pardon, but riding up and down, and nothing done when he came there. And of this opinion was my brother [Warburton] but my self and the other two Judges were of opinion for the plaintiff, and so he had judgment. First, if waa agreed, that a meer voluntary curtesie will not have a consideration to uphold an...
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