Rumbelow v Whalley
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1851 |
| Date | 31 January 1851 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 931
QUEEN'S BENCH.
S. C. 2 L. M. & P. 245; 20 L. J. Q. B. 362; 15 Jur. 724. Explained and distinguished, Langridge v. Campbell, 1877, 2 Ex. D. 285.
1Q. B.S97. RUMBELOW V. WHALLEY 931 [397] rumbelow against whalley. Friday, January 31st, 1851. Debt for work and labour. Fleas, To the whole declaration except as to 101., parcel, &c., never indebted: as to 101., other parcel, &c., payment before action: as to the 101. excepted from the first plea, payment into Court of 101. Is. in the ordinary form. Replication, joining issue on the first plea, traversing the second, on which traverse issue was joined, accepting the money paid into Court, and praying judgment for plaintiff's coats in respect of that. A verdict was found for plaintiff on never indebted to the extent of 101., and for defendant on the plea of payment, so that plaintiff recovered nothing beyond the money paid into Court. On a rule to review the Master's taxation of costs : Held, that plaintiff was entitled to the costs as to the causes of action relating to the 101. paid into Court, up to and including the payment into Court. [S. C. 2 L. M. & P. 245; 20 L. J. Q. B. 362; 15 Jur. 724. Explained and distinguished, Langridge v. Campbell, 1877, 2 Ex. D. 285.] Prentice, for the plaintiff in this cause, obtained, during the term, a rule nisi to review the Master's taxation. G. Rochfort Clarke now shewed cause and Prentice was heard in support of the rule. The judgment of the Court makes any further statement unnecessary. Cur. adv. vult. Patteson J., in the ensuing vacation (February 22d), delivered the judgment of the Court. This was an action of debt for work and labour. The defendant pleaded, as to all but 101., never indebted. Secondly, as to 101., other than that excepted, payment. Thirdly, as to the 101., excepted, payment into Court of 101. Is., and that he never was indebted to the plaintiff in more than 101. as to the said sum of 101., and that the plaintiff had not sustained greater damages than Is. as to the detention of that 101. The plaintiff replied, joining issue on the plea of never indebted, and traversing the plea of payment; and, as to the plea of payment into Court, accepting [398] the sum paid in and praying judgment for his costs in that respect. On the trial the jury found for the plaintiff on the plea of never indebted, to the extent of 101. beyond the sum paid into Court, and for the defendant on the plea of payment...
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