Lowe v Eldred
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1832 |
| Date | 01 January 1832 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 389
EXCH. OF PLEAS.
S. C. 3 Tyr. 234; 2 L. J. Ex. 81.
lowe v. eldred. Exch. of Pleas. 1832.-To an action on a promise to pay the debt of a third person, the defendant pleaded that there was no agreement iu writing. Semble-that the plaintiff must, in his replication, set out the agreement ; and that he cannot take issue upon the plea. [S. C. 3 Tyr. 234; 2 L. J. Ex. 81.] Declaration in assumpait, on a promise to pay the debt of a third person. Plea- that there was no agreement, or any memorandum or note thereof in writing, signed by the defendant, or any person by him lawfully authorized. Replication-that there was such an agreement in writing ; concluding to the country. Demurrer, and joinder in demurrer. [240] Mansel, in support of the demurrer, was stopped by the Court, who intimated a strong opinion that the plaintiff ought to have set out the agreement in his replication ; and thereupon- Kelly obtained leave to amend. (a)1 " There...
To continue reading
Request your trial
-
Kempe against Gibbon
...writing set up against him. The plaintiff will rely upon cases under the Statute of Frauds as analogous. But in Lowe v. Eldred (1 C. & M. 239 ; 3 Tyr. 234), where it was replied, to a plea of no note in writing, that there was such a note, the Court of Exchequer, on demurrer, intimated a st......
-
The Heir and Tertenants of CREAGH v Administrator of FULTON, Assignee of ST.QUENTIN.
...of ST.QUENTIN. French v. CampbellENR 2 H. Bl. 178. AnonymousENR 2 Salk. 519. Sterling v. ClaytonENR 1 C. & M. 241. Lowe v. EldredENR 1 C. & M. 239. Richardson v. TomkinsENR 9 Bing. 51. Bruce v. WaitUNK 1 M. & G. 1. Perriman's case 5 Co. 84. Bruce v. Cook 1 H. & B. 318, n. Lewis v. ParkesENR......