Smith v Stafford
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of Common Pleas |
English Reports Citation: 123 E.R. 1069
THE COMMON PLEAS
BUTTON, 18. SMITH V. STAFFORD 1069 hill. 15 jag. eot. 926. smith versus stafford. Hob. 216. Where intermarriage release a promise made by the husband to the wife before marriage. Suff. Andrew Smith and Anne his wife against Eicbard Stafford executor of Jeremy Stafford in an action upon the case, the plaintiff counts, that whereas there was communication had of a marriage between the said Anne (when she was sole) and the aaid Jeremy, the said Jeremy in consideration that the said Anne would take him to her husband, promised that if after the marriage the said Jeremy died, living the aaid Anne, he would leave the said Anne worth a hundred pounds: arid aver that she did marry the said Jeremy which died, and did not leave her worth a hundred pounds : and upon non assumpsit the jury found for the plaintiff; and in arrest of judgment it was alledged, that this intermarriage bad extinguisht the action, vide 11 H. 7, 4, 21 H. 7, 30. Coke 8, 136, there in Sir John Needhams case many cases are put, vide Hoes case, that a release do not discharge bail before judgment, for it is contingent, vide one judgment, Hill. 6 Jac. in the Kings Bench, rot. 132. Thomas Belcher and Elizabeth his wife, against Edmond Hudson, an action upon the case, in consideration that the said Elizabeth at his request would take one Thomas Mason his familiar friend to her husband, he assumed and promised that if the said Elizabeth survived the said Mason, that he would pay yearly to her forty shillings for her maintenance, and shews that thereupon she did take the said Mason to her husband, and survived him, and then married with the plaintiff; the defendant pleads a release from Mason of all actions, demands, &c. and it was adjudged no sufficient release: but Lord Hobart said, that if he had released...
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