Merryweather against Nixan. [in the COURT of KING'S BENCH.]
| Jurisdiction | England & Wales |
| Judgment Date | 13 April 1799 |
| Date | 13 April 1799 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 1337
IN THE COURT OF KING'S BENCH.
3 Esp. 162. 1 Camp. 345. 2 ib. 453. 1 V. & B. 114.
Limited, Adamson v. Jarvis, 1827, 4 Bing. 72. Questioned, Betts v. Gibbins, 1834, 2 A. & E. 74. Observed upon, Rodgers v. Maw, 1846, 15 M. & W. 448. Not applied, Palmer v. Wick Steam Shipping Company [1894], A. C. 324. Considered, The Englishman and The Australia [1895], P. 212. Questioned, Burrows v. Rhodes [1899], 1 Q. B. 825. Not applied, Moxham v. Grant [1900], 1 Q. B. 93. See Gerson v. Simpson [1903], 2 K. B. 197.
merryweather against nixan. Saturday, April 13th, 1799. If A. recover in tort against two defendants, and levy the whole damages on one, that one cannot recover a moiety against the other for his contribution; aliter, in assumpsit. [3 Esp. 162. 1 Camp. 345. 2 ib. 453. 1 V. & B. 114.] [Limited, Adamson v. Jarvis, 1827, 4 Bing. 72. Questioned, Betts v. GibUns, 1834, 2 A. & E. 74. Observed upon, Badgers v. Maw, 1846, 15 M. & W. 448. Not applied, Palmer v. Wick Steam Shipping Company [1894], A. C. 324. Considered, The Englishman and The Australia [1895], P. 212. Questioned, Burrows v. Rhodes [1899], 1 Q. B. 825. Not applied, Moxham v. Grant [1900], 1 Q. B. 93. See Gerson v. Simpson [1903], 2 K. B. 197.] One Starkey brought an action on the case against the present plaintiff and defendant for an injury done by them to his reversionary estate in a mill, in which was included a count in trover, for the machinery belonging to the mill; and having recovered 8401. he levied the whole on the present plaintiff, who thereupon brought this action against the defendant for a contribution of a moiety, as for so much money paid to his use. At the trial, before Mr. Baron Thomson, at the last York Assizes, the plaintiff was nonsuited, the learned Judge being of opinion that no contribution could by law be claimed as between joint wrong-doers; and, consequently, this action, upon an implied assumpsit, could not be maintained on the...
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