Margetts against Bays
| Jurisdiction | England & Wales |
| Judgment Date | 15 January 1836 |
| Date | 15 January 1836 |
| Court | Court of the King's Bench |
English Reports Citation: 111 E.R. 871
IN THE COURT OF KING'S BENCH.
S. C. 6 N. & M. 228; 5 L. J. K. B. 105.
margetts against bays. Friday, January 15th, 1836. A plea that the "supposed debt, if any such there be," did not accrue within six years, is bad on special demurrer, for not confessing the debt. [S. C. 6 N. & M. 228; 5 L. J. K. B. 105.] Debt for work and labour, for money paid, and on an account stated. Pleas, first, nil debet; secondly, " That the supposed debt in the said declaration mentioned, if any such there be, did not, nor did any part thereof, accrue due to the said plaintiff at any time within six years," &c. The plaintiff demurred specially to the second plea, assigning for cause that it did not confess and avoid, or deny, the cause of actioti, but was pleaded to the supposed debt, if any such there be, instead of admitting the said debt. Joinder in demurrer. [490] W. H. Watson, in support of the demurrer, cited Gould \. Lasbury (1 C. M. & R. 254. 4 Tyrwh. 863). C. Chadwieke Jones, contra. That was a plea of discharge under the Insolvent Debtors' Act, 7 G. 4, c. 57 ; and there the defendant could not but avow the debt, as he would be under the necessity of inserting it in his schedule in order to obtain the benefit of the Act with respect to it, under sects. 40, 46. But there is no reason against a party's saying, " if I ever owed the debt, it is six years since I was first liable ;" and this form of pleading is riot uncommon. In Gale v. Capern (1 A. & E. 102), a set off...
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