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Penfold against Hawkins

Nominate Series English Reports Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date23 May 1874
Date23 May 1874
CourtCourt of the King's Bench

English Reports Citation: 105 E.R. 508

IN THE COURT OF KING'S BENCH.

Penfold against Hawkins

508 PENFOLD V. HAWKINS 5ffl.S5S.607. penfold against hawkins. Monday, May 23d, 1814. A plea of set-off for money due on a recognizance and also for money due upon promises pleaded to an action of debt on bond as if to an action of assumpsit, was holden to be a nullity, and that the plaintiff might sign judgment. Debt on bond. Plea, that the plaintiff was indebted to the defendant in 1. upon a recognizance in the Court of Exchequer, with a prout patet, &e.; and also in the sum of 1. for work and labour, and money had and received to the use of the defendant, which said [607] several sums of 1. and 1. so due and owing from the plaintiff to the defendant, exceed the said several sums of money due and owing to the plaintiff on the said several supposed promises in the said declaration mentioned, out of which said several sums of money so due from the plaintiff to the defendant he is ready to set off so much as will be sufficient to satisfy the plaintiff the damages he has sustained by reason of the non-performance of the said promises, and undertakings in the said declaration, &c. The plaintiff having treated it as a sham plea, and...

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