Martha Worley against Harrison and Black
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1835 |
| Date | 12 June 1835 |
| Court | Court of the King's Bench |
English Reports Citation: 111 E.R. 568
IN THE COURT OF KING'S BENCH.
S. C. 5 N. & M. 173; 1 H. & W. 426; 5 L. J. K. B. 17.
martha worley against harrison and black. Friday, June 12th, 1835. 1. By an instrument in writing, the two defendants jointly and separately promised to pay to plaintiff, or order, 501. by instalments for value received ; and it was declared that it was intended, by the receivers and givers of that note of hand, that all instalments should cease at plaintiff's death. Plaintiff declared in assumpsit, the first count being on the instrument, and calling it, in the declaration, an agreement or instrument in writing, except where the above language of the instrument itself was set out in the declaration. Defendants pleaded that they did not make the promissory note mentioned in the first count, as there alleged : Held, that the instrument was not a promissory notn, as it created only a contingent liability; that the language used in the declaration did not authorise the defendants to call it a promissory note; and, consequently, that the plea was bad on special demurrer. 2. There was a second count on an account stated. The defendants pleaded first as above, without commencing the plea by actionem non, or expressly confining it to the first count (except by the language of the traverse as above); and they also pleaded to the last count expressly. Semble, per Littledale and Patteson Js., that the first plea was in form pleaded to the whole declaration, and was therefore bad for not answering the second count. [S. C. 5 N. & M. 173; 1 H. & W. 426; 5 L. J. K. B. 17.] Assumpsit. The first count stated that whereas, by a certain agreement or instrument in writing, made heretofore, to wit, 14th of May 1832, and dated that day, the said defendants jointly and separately promised to pay unto the plaintiff or her order the sura of 501., in the parts and proportions, on the several days, arid at the times, thereunder mentioned, being for value received by sundry household goods, &c., specified in an inventory, &c. thereunto annexed, by way of instalments, [670] in manner and form following, that is to say, the sum of 51., part of the said sum of 501., at or on the llth day of October then next ensuing the day of the date thereof; the (a)1 Lord Denman C.J. had left the Court. (a)2 See Sanderson v. Bourn, 2 Cro. & M. 515. 3 AD. &E. 671. WORLEY V.- HARRISON 569 further gum of 51., other part of the like sum, at or on the 6th day of April 1833 (and so on by half-yearly instalments of 51. every 6th of April and...
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