Male v Roberts
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1800 |
| Date | 01 January 1800 |
| Court | Court of Common Pleas |
English Reports Citation: 170 E.R. 574
IN THE COMMON PLEAS
Referred to, Ogden v. Ogden, [1908] P 46.
574 MALE V. ROBERTS 3 ESP. 168, [163] in the common pleas, eastee term, 30 geo. III. [1800]. 61-J .r./3 --=? First Sitting m Term. May 15th male v. roberts (When the cause of action accrued in Scotland, and infancy pleaded, the defendant must shew that infancy is a legal defence to the demand, by proving the law of that country in that respect) [Referred to, Oyden v. Qgden, [1908] P 46.] Assumpsit for money paid, laid out, and expended to the use of the defendant; money lent and advanced, with the other common money-counts. Plea of the general issue. The ease, as opened by the plaintiff's counsel, was, that the plaintiff and the defendant were performers at the Royal Circus. While the company were performing at Edinburgh, in Scotland, the defendant had become indebted to one Cockburn, for liquors, of different sorts, with which Cockburn had furnished him ; not having discharged the debt, and it being suspected that the defendant was about to leave Scotland, Cockburn arrested him, by what is there termed a writ of Fuge : the object of which is to prevent the debtor from absconding. [164] The defendant being then unable to pay the money, the plaintiff paid it for him ; and he was liberated. The present action was brought to recover the money so paid, as money paid to his use. The defence relied upon was, that the defendant was an infant when the money was. so advanced. Lord Eldon.-It appears from the evidence in this cause, that the cause of action arose m Scotland ; the contract must be therefore governed by the laws of that country where the contract arises Would infancy be a good defence by the law of Scotland, had the action been commenced there ? Best, Serjeant, for the defendant, contended, that the contract was to be governed by the laws of England , m which case the plaintiff could recover for...
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