Slade's Case

JurisdictionEngland & Wales
Judgment Date01 January 1598
Date01 January 1598
CourtCourt of the King's Bench

English Reports Citation: 76 E.R. 1072

IN THE KING'S BENCH.

Slade's Case

See Cooke v. Hemming, 1868, L. R. 3 C. P. 343; Colonial Bank v. Whinney, 1885-86, 30 Ch. D. 283; 11 App. Cas. 426.

[91 a] slade's case. Hil. 38 Eliz. Eot. 305. In the King's Bench. [See Cooke v. Hemming, 1868, L. R. 3 C. P. 343; Colonial Bank v. Whinney, 1885-86, 30 Ch. D. 283 ; 11 App. Cas. 426.] Devon, ss. Be it remembered that heretofore, that is to say, in the term of St. Michael last past, before the lady the Queen at Westminster, came John Slade, by Nich. Weare his attorney, and brought here into the Court of the said lady the Queen, then there, his certain bill against Humphrey Morley, in custody of the marshal, &c. of a plea of trespass upon the case: and there are pledges of prosecuting, to wit, John Doe and Richard Roe, which said bill followeth in these words: ss. Devon, ss. John Slade complainetb of Humphrey Morley, being in custody of the marshal of the Marshalsea of the lady the Queen before the Queen herself, for that, that is to say, that whereas the said John, the 10th day of November, in the thirty-sixth year of the reign of the said Lady Elizabeth, now Queen of England, &c. was possessed for the term of divers years then and yet to come, of and in one close of land, with the appurtenances in Halberton, in the county aforesaid, called Rack Park, containing by estimation eight acres, and being so possessed thereof, the said John afterwards, that is to say, on the said 10th day of November, in the thirty-sixth year aforesaid, had sowed the said close with wheat and rye, which wheat and rye in the close aforesaid, by the said John (so as before is said) being sowed, afterwards, that is to say, on the 8th day of May, in the thirty-seventh year of the reign of the said lady the now Queen, were grown into ears, the said Humphrey, on the aforesaid 8th clay of May in the said thirty-seventh year aforesaid, the said wheat and rye in ears upon the close aforesaid (as before is said) then growing, at Halberton aforesaid, in consideration that the said John then and there, at the special instance and request of the said Humphrey had bargained and sold unto the said Humphrey to the use and behoof of the said Humphrey, all the ears of wheat and corn which then did grow upon the said close, called Rack Park (the tithes thereof to the rector of the church of Halberton aforesaid due only excepted) did assume, and then and there faithfully promised, that he the said Humphrey 161. of lawful money of England to the aforesaid John in the Feast of St. John the Baptist, then next following, would well and truly content and pay: yefc the said Humphrey, his assumption and promise [91 b] aforesaid little regarding, but endeavouring and intending the said John of the aforesaid 161. in that part subtilly and craftily to deceive and defraud, the said 161. to the said John, according to his assuming and promise, hath not yet paid, nor any way for the same contented him, although the said Humphrey thereunto afterwards, that is to say, on the last day of September, in the thirty-seventh year of the reign of the said lady the now Queen aforesaid, at Halberton aforesaid, by the said John was oftentimes thereunto required, but the same to pay him, or any way to content him, hath altogether refused, and doth yet refuse; whereupon the said John saith he is injured, and hath sustained damage to the value of 401. and thereof he bringeth suit, &c. And now at this day, that is to say, Friday next after eight days of St. Hilary, in the same term, until which day aforesaid the said Humphrey had licence to imparl to the bill aforesaid and then to answer, &c. before the lady the Queen, at Westminster, cometh as well the said John by his attorney aforesaid, as the said Humphrey by John Halstaff, his attorney; and he the said Humphrey doth defend the force and injury when, &c. ico.REp.saa. blade's case 1073 and sarith, that he did not take upon himself in manner and form, as the said John Slade hath complained against him; and upon this he putteth himself upon the country; and the said John Slade likewise, &c. Therefore let a jury come before the said lady the Queen at Westminster, on Thursday next after eight days of the Purification of the blessed Mary, &c. and who neither, &e. to recognize, &c. and because as well, &c. The same day is given to the parties aforesaid there, &c. Afterwards process was continued between the parties aforesaid of the plea aforesaid by the jury thereof being respited between them before the lady the Queen at Westminster, until Wednesday next after fifteen days of Easter then next following, unless the justices of the lady the Queen assigned to take assizes, first upon Monday the second week of Lent, at the castle at Exeter, in the county aforesaid by the form of the statute, &c. shall come, for default of jurors, &c. At which Wednesday before the lady the Queen at Westminster aforesaid came the parties aforesaid by their attornies aforesaid. And the beforesaid Justices of Assizes, before whom, &c. sent here their record before them had in these words, ss. Afterwards at the day and place within mentioned, before Thomas Walmesley one of the justices of the Queen of the Bench, and Edward Fenner, one of the justices of the said lady the Queen assigned to hold pleas before the Queen herself, justices of the said lady the Queen assigned to take assizes in the county aforesaid, by form of the statute, &c. come as well the within named John Slade, by T. Clayton his attorney, as the within written Humphrey Morley, by Henry Collier his attorney and the jurors sworn, whereof mention is within made likewise, being called, came, who to say the truth of the matter within contained, being chosen, tried and sworn; say upon their oath, that the said Humphrey Morley did buy of the said John Slade the within written wheat and rye, in ears, upon the within written close (as is said before) growing being, for 161. of good and lawful money of England, [92 a] to be paid to the said John Slade in the Feast of St. John the Baptist, then next following, as in the declaration within written is within specified: and further, the said jurors say, upon their oath aforesaid, that betwixt the said John Slade, and the said Humphrey Morley, there was no promise or taking upon him, besides the bargain aforesaid. But whether upon the whole matter aforesaid by the said jurors in form aforesaid found, the said Humphrey Morley did take upon him in manner and form, as in the declaration within written, within specified, or no, the said jurors are altogether ignorant, and thereof they ask the advice and consideration of the Court here, &c. and if upon the whole matter aforesaid by the said jurors in form aforesaid found, it shall seem to the justices of the Court here, that the said Humphrey Morley did take upon him in manner and form, in the declaration within specified, then the said jurors say upon their oath aforesaid, that the aforesaid Humphrey...

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10 cases
  • United Australia Ltd v Barclays Bank Ltd
    • United Kingdom
    • House of Lords
    • 20 Agosto 1940
    ...being indebted then promised." At first there must be an express promise; then the Courts implied a promise from an executory Contract. ( Slade'sCase, 1602, 4 Coke 92 (b)). Slade's case was not a claim in indebitatus assumpsit, but the principle was applied, and it became unnecessary to pro......
  • Indulge Food Pte Ltd v Torabi Marashi Bahram
    • Singapore
    • High Court (Singapore)
    • 19 Enero 2010
    ...[2009] 3 SLR (R) 518; [2009] 3 SLR 518 (refd) Pordage v Cole (1669) 1 Wms Saund 319; 85 ER 449 (distd) Slade's Case (1602) 4 Co Rep 92b; 76 ER 1074 (refd) Straits Advisors Pte Ltd v Behringer Holdings (Pte) Ltd [2010] 1 SLR 760 (refd) Tiger Airways Pte Ltd v Swissport Singapore Pte Ltd [200......
  • Gillis et al. v. BCE Inc. et al., (2014) 348 N.S.R.(2d) 276 (SC)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 14 Mayo 2014
    ...Maddaugh and McCamus, The Law of Restitution (1990), note at p. 5 that from the Writ's birth in Slade's Case (1602), 4 Co. Rep. 92b, 76 E.R. 1074, a number of "standard forms of general assumpsit were developed depending upon the type of circumstance giving rise to the original indebtedness......
  • Peel (Regional Municipality) v. Canada; Peel (Regional Municipality) v. Ontario, [1992] 3 SCR 762
    • Canada
    • Supreme Court (Canada)
    • 19 Noviembre 1992
    ...[1982] 2 S.C.R. 9; Pettkus v. Becker [1980] 2 S.C.R. 834; Taylor v. Laird (1856), 25 L.J. Ex. 329; Slade's Case (1602), 4 Co. Rep. 92b, 76 E.R. 1074; Brook's Wharf and Bull Wharf, Ltd. v. Goodman Brothers, [1937] 1 K.B. 534; Air Canada v. British Columbia, [1989] 1 S.C.R. 1161. By Lamer C.J......
  • Request a trial to view additional results
2 books & journal articles
  • Restatement (Third) of Restitution and Unjust Enrichment, vols.1-2.
    • Australia
    • Melbourne University Law Review Vol. 35 No. 3, December 2011
    • 1 Diciembre 2011
    ...Prius (5th ed, 1788) 128-9. Professor Ames traced the origins of the common counts from the decision in Slade's Case (1595) 4 Co Rep 91a; 76 ER 1072, and particularly from cases in the late 16th and early 17th centuries, in James Barr Ames, Lectures on Legal History and Miscellaneous Legal ......
  • The statute of frauds in the email age: Druet v Girouard.
    • Canada
    • University of New Brunswick Law Journal No. 65, January - January 2014
    • 1 Enero 2014
    ...(1677), 29 Car II, c 3 [Frauds]. (2) Druet v Girouard, 2012 NBCA 40, 386 NBR (2d) 281 [Druet]. (3) Slade v Morley, (1602), 4 Co Rep 91a, 76 ER 1074 (4) Lon Fuller, "Consideration and Form" (1941) 41:5 Colum L Rev 799. (5) This list reflects the most widespread criticisms drawn from the many......

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