Sturgis, Provisional Assignee of the Estate of J Hartly, an Insolvent Debtor v Sir W. Dareli, Baronet, Administrator, with the Will Aunexed, of John Earl of Egmont
| Jurisdiction | England & Wales |
| Judgment Date | 08 June 1859 |
| Date | 08 June 1859 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 985
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 28 L. J. Ex. 366: affirmed 1860, 6 H. & N. 120.
STURGIS, Provisional Assignee of the Estate of J Hartly, an Insolvent Debtor v. sir W. darell, baronet, Administrator, with the Will Annexed, of John Earl of Egniont .June 8, 1859.-In May 1831, the obligee of a bond biought an action upon it against the obligor. After notice of trial the action abated by the death of the obligor in December 1835. The obligor left a will, which was not proved. On the 18th May, 1857, administration of the goods and effects of the obligor with his will annexed was granted to the present defendant. In March 1852, the obligee petitioned the Insolvent Court, and his effects vested in the provisional assignee, the present plaintiff, who commenced this action on the bond against the defendant on the 17th May, 1858. Held, that the right of action was not barred by the Statute of Limitations, 3 & 4 Wm 4, c. 42, s 3 [S. C. 28 L. J. Ex. 366 : affirmed 1860, 6 H. & N. 120.] This was an action to recover 20001. upon two bonds. By consent of the parties aild order of a Judge, a case was stated for the opinion of this Court, without pleadings, (in substance) as follows :- In January, 1821, John, afterwards Earl of Egniont, executed a bond in the penal sum of 10001. conditioned for payment by him, his heirs, executors or administrators, to J. Hartly, his executors, administrators or assigns, of the sum of 5001 with interest at 51. per cent within twelve calendar months next after the decease of John James (then) Earl of Egtnont; and a like bond in the penal sum of 10001. conditioned for payment of 5001, with interest, within eighteen months after the death of the said John James Earl of Egmont. [623] John James, Earl of Egmont, died in February, 1822, and the said John then became Earl of Egmont. (a) See Collins v. The Bristol and Exeter Railway Company, 7 H. L C 194, and Augell on Carriers, p. 437, s. 466. 986 STURGIS V. DARELL 4 H & N. 624. Ou the 24th May, 1831, J. Haitly commenced an action upon the said bonds against John Earl of Egtnont. (The caae then stated that J. Hartly declared in the action ; that the Earl of Egmont pleaded ; that issue was joined and notice of trial given, and that afterwards two attempts were made to settle all questions between tbe parties by arbitration, which proved abortive, and on the 30th October, 1835, J Hartly gave notice of his intention to proceed in the action ) John Earl of Egmont died on the 31st December, 1835, and tbe said action thereby abated. By his will, dated the 4th April, 1824, he appointed his son Henry, who succeeded him as Earl of Egmout, his sole executor The said Henry Earl of Egmont never proved the will, and died in December 1841. By his will, dated the llth December, 1841, he devised and bequeathed all his teal and peisonal estate to Sir E. Tierney absolutely, and appointed the said Sir E. Tieiney his sole executor. Hid will was, on the 7th January, 1843, duly proved in the Prerogative Court in Ireland by the said Sir E. Tierney, but riot in England Sir E. Tierney, by his will, dated the 28th April, 1855, and certain codicils thereto, devihed his zeal estates, and gave the residue of his personal estate to his daughter, the wife of Sir \V Darell...
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