Saunderson and Another against Hudson

JurisdictionEngland & Wales
Judgment Date23 November 1802
Date23 November 1802
CourtCourt of the King's Bench

English Reports Citation: 102 E.R. 552

IN THE COURT OF KING'S BENCH.

Saunderson and Another against Hudson

552 SAUNDERSON V; HUDSON 3EAST.M4. [144]" saundeeson and another against hudson. Tuesday, Nov. 23d, 1802. In declaring against A. upon a joint contract by A. and B. it is not enough to allege that B. was in due manner outlawed, without adding that he was outlawe'd in that suit. v This was an action by the plaintiffs, as payees of a bill of exchange, against the defendant, as one of the acceptors, and on the money counts; in which the declaration charged that J. Hudson was attached to answer the plaintiffs, &c. For that whereas the plaintiffs, the defendant, one J. S. and one J. D. L. (which said J. S. and J. D. L. have been in due manner outlawed in the said Court of our said lord the King, before the King himself, and still are, remain, and continue outlawed), one B. C. and one D. B. at the several days, &c. after-mentioned, were persons residing, trading, and using commerce, to wit, the said plaintiff and the said defendant, and the said J. S. and J. D. L. (who -have been and are so outlawed as -aforesaid) at London, &c. and the said B. C. and D. B. at Oporto in Portugal, &c. and being so severally resident, &c. the said B. C. and D. B. on, &cr at, &c. made their certain bill of exchange, &c. and then and there directed the same to the said defendant and the said J. S. and J, D. L. who have been, and are so outlawed as aforesaid, by which said bill they the said B. C. and D. B. requested the said .defendant and the said J. S. and J. D. L. who, &c. at nine months date to pay that, &c. to the order of the plaintiffs, &c. and so it proceeded in the common form. To this there was a demurrer...

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2 cases
  • Kitchen against Bartsch
    • United Kingdom
    • Court of the King's Bench
    • 22 November 1805
    ...was no express averment; especially as there placed. (c) 1 Wils. 78, 86, 97. (a)2 2 Stra. 1226. (a)3 In Saundersm and Another v. Hudson, 3 East, 144, the allegation of outlawry was " which said J. S. and J. D. L. have been in due manner outlawed in the said Court of our said lord the King b......
  • Sheppard against Billie
    • United Kingdom
    • Court of the King's Bench
    • Invalid date
    ...English Reports Citation: 101 E.R. 577 IN THE COURT OF KING'S BENCH.Sheppard against Billie 3 East, 144. 2 M. & S. 23. sheppard against baillie. June 9th, 1795. Replication to a plea in abatement, (that the promises were made by A. and B. jointly with the defendant) that A. and B. were in S......

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