Price v Severn
Jurisdiction | England & Wales |
Judgment Date | 31 January 1831 |
Date | 31 January 1831 |
Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 122
COURT OF COMMON PLEAS
S. C. 5 Moo. & P. 125; 9 L. J. C. P. (O. S) 99. Referred to, Watt v. Watt, [1905] A. C. 122.
pbioe v. severn. Jan. 26, 1831. [S. C. 5 Moo. & P. 125; 9 L. J. C. P. (0. S.) 99. Referred to, Watt v. Watt, [1905] A. C. 122.] An importunate beggar having refused to quit the Defendant's premises, the Defendant ordered him to be apprehended by a constable, which was done, and he remained in custody one night at an inn; the next day he was brought again before the Defendant, who told him he might have two sovereigns or go before a magistrate; the beggar stipulated for something more to pay his charges at the inn ; Defendant gave him half-a-crown and some refreshment, and the beggar departed. Having afterwards sued the Defendant for the imprisonment, and the jury having given 1001. damages, the Court granted a new trial. This action was brought to recover compensation in damages for an assault and false imprisonment; the Defendant pleaded not guilty; and the cause was tried before Gaselee J. at the last Northampton assizes. It appeared that the Plaintiff, a man in low circumstances, claimed relationship with the wife of the Defendant, who had been recently high sheriff for the county of Northampton. The Plaintiff went down from London to Northamptonshire, and applied at the Defendant's house for pecuniary assistance. Becoming unreasonable in his demands, he was warned off the premises. He still, however, continued his importunities, and having refused to quit the premises, the Defendant directed a constable to take him into custody. This order the constable obeyed, and the Plaintiff was taken to an inn for the night. On the following morning he was again brought to the Defendant, and after some little conversation, said he must have some money. The Defendant said he would ask Mrs. Severn about that-went away-and returned in a few minutes with two sovereigns, which he told the Plaintiff he might take or go before a justice : the Plaintiff consented to take the money, but said, at the same time, that he must have something for the keep of his horse. The Defendant then gave him half-a-crown, and directed the butler to furnish some [317] refreshment. The butler did so, in the housekeeper's room, and the Plaintiff went away. When he was first taken into custody the constable put handcuffs on him, but immediately afterwards removed them; and there was no evidence to shew that they had been...
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