Lord Mounteagle against The Countess of Worcester
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 265
King's Bench Division
SDYER,121a. 2 AND 3 PHILIP AND MARY 265 lord mounteagle against the countess of worcester. In trover for a chain which the defendant knowing, &c. sold, &c. and the money, &c. converted, &c. traverse that the defendant did not aell, &c. concluding with a verification, is bad. (14) Lord Mounteagle brought an action upon the case against [Heni. 41, pi. w.]\sc the countess oi Worcester, supposing by the writ and count, that " ò - ò J whereas he was possessed of a chain of gold, of the price of one 2uui. tteii! G3. hundred ruarks, as of his proper chattels, and being so possessed thereof at London in the parish, &c. casually lost the said chain, which afterwards came to the hands and possession of the said countess afc London in the parish and ward aforesaid by finding, and the said defendant, knowing that the said chain was the chain of tho said plaintiff', but contriving subtilly to defraud and deceive the said -n h. s, is n. su el. , 2 defendant of the same, there sold the said chain to divers persons "ò unknown to the said defendant for divers sums of money, and (14) Hil. 33. Eliz. [Vnndrink v. Archer, 1. Leon. 221.] In an action upon the case for trover and conversion, ready and always hux been to deliver is no plea : otherwise is it in detinue ; for there the thing itself is to be recovered. E. 36. Eliz. B. R. ^ Taylor brings debt against Lilly upon a bond, &c. conditional that L. should not challenge or claim any copyhold land which was the land of the said I,. He pleaded that he had not claimed any land. The plaintiff replied, that defendant had entered into one acre of copyhold land, &c. and concludes, " and this he is ready to verify: " and a special demurrer was thereupon entered, and found for the plaintiff. Coke moved in arrest of judgment, that the conclusion of the replication should be, "and thin he prays may be enquired of by the country," and that this is matter of substance, and not aided by the special demurrer, as a matter of form would be, and cited Dyer, 31. pi. 218. and 27. H. 6. 10. that a plea is not good without a conclusion ; to which Clench and Former agreed, but Gawdy and Popham contra, and that it is a matter of form only. And by Gawdy, the plea is good without conclusion. And he cited Dyer, 134. [pi. 11.] But this case of Dyer, fol. 121. was not recollected. See for the conclusion of pleas, 9. H. 7. 2. b. 3. a. Bro...
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The Scope of Conversion: Property and Contract
...for Conversion’(195 9) 7 5 LQ R364.8Baker, ibid.9A likely early example of this is Lord MounteaglevCountess ofWorcester(1555) D yer 121, 73 E R 265.10 In relation to land and reputation, there may have been an additional obstacle to expansion.Because one’s land and reputation were already p......