The National Assurance and Investment Association v Best
| Jurisdiction | England & Wales |
| Judgment Date | 19 November 1857 |
| Date | 19 November 1857 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 249
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 27 L J. Ex 19; 6 W. R. 278.
[605] the national assurance and investment association r. best Nov. 19, 1857.-The plaintiffs having recovered judgment against the defendant, in June, 1855, issued a ca. sa. thereon, and a warrant was delivered to W ,111 officer of the sheriff. A few days afterwards the managing clerk of the plaintiffs' attorney wrote to W requesting him not to execute the writ In January, 1856, the defendant was arrested by 8., another officer of the sheriff, under a ca sa issued on a judgment obtained against the defendant by another creditor. On the same day the defendant paid the amount due on that judgment, S , before discharging the defendant, sent to the sheriff's office to inquire whether there were any other writs against him, and in answer received a copy of the warrant granted on the writ issued by the plaintiffs. The managing clerk of the plaintiffs' attorney having heard of the defendant's arrest reminded W. of the countermand of the plaintiffs' writ, when W. required a countermand signed by the attorney which was sent, and the defendant was discharged from custody. In arr action by the plaintiffs against the defendant on their judgment Held that there was no arrest of the defendant under the plaintiffs' writ, either in fact or in law, and that, even if there had been, there was no discharge fiom custody by the plaintiffs, and consequently the action on the judgment was maintainable. - The plaintiffs lent to the defendant G001 on the security of an indenture whereby two policies of insurance were charged with the payment of the principal money and interest. The indenture contained a covenant by the defendant to pay the premiums of the pobcies By their terms the policies only remained in force provided the premiums were paid every year The defendant paid the first year's premium only, and the plaintiffs having sued him on his covenant for nonpayment of the three subsequent yearb' premiums Held, that as it did not appear that the plaintiffs had sustained any loss by the defendant's neglect to 250 THE NATIONAL ASSURANCE ASSOCIATION V. BEST 2H&N 606 keep up the policies, the measure of damage was not the amount of the three years' premiums, but the plaintiffs were entitled to nominal damages only. [S. C. 27 L J. Ex 19; 6 W. R 278.] The first count of the declaration stated, that by an indenture dated the 6th June, 1853, and made between the defendant (and other persons therein named), of the first pait, Baron Kingsale and J. Tidd of the second part, and three of the trustees of the plaintiffs (therein named,) of the third part, after reciting that the said Baion Kingsale was entitled to a policy of assurance upon his own life, dated the 31st January, 1853, undei the hands of three of the directors of the National Assurance and Investment Association, for the sum of 6001 at and under the annual premium of 141. i7s. , and that J. Tidd was entitled to a policy of assurance on his own life, dated the 31st May, 1853, under the hands &c., for the sum of 6001., at and under the annual premium of 271. 19s. 6d., and that the parties thereto of the first part had applied to the parties thereto of the third [606] part to lend them the sum of 6001, which the parties thereto of the third part had agreed to do upon having the lepayment thereof with interest, and the payment of the premiums, secured by a charge upon the said two policies and by the joint and several covenant of the said parties thereto of the first and second parts, the defendant covenanted with the parties thereto of the third part, &c. (settiug out a covenant for payment of the 6001. and interest) And also that the defendant (and the other parties thereto of the first part), or the said Baron Kingsale, and J. Tidd would from time to time so long as the said principal sum of 6001. or any part thereof, or any interest thereon, should remain unpaid, regularly pay or cause to be paid the said premiums and any other monies which should be requisite or necessary for keeping on foot the aforesaid two policies, or each of them, an the first days on which the same premiums 01 other monies should respectively become payable. (There followed a covenant for payment of the costs...
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