Thimbleby v Barron
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1119
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 1 H. & H. 61; 7 L. J. Ex. 128.
thimblkbv v. bakron. Exch. of Pleas. 1838.-A covenant not to sue upon a simple contract debt for a limited time is not pleadable in bar of an action for such debt. [S. C. I H. & H. 61 ; 7 L. J. Ex. V28.] Debt in 15001. for money paid, in 921. for interest, and in 16001. for money found to be due on an account stated. I'lea, as to the first and second counts, that the said sum of 15001, in the first count mentioned was and is the amount of certain monies 1120 THIMBLEBY V. BARRON 3 M. &W. 211. paid by the plaintiff for the defendant's use, under and by virtue of a certain bond or obligation mentioned and recited in the deeds hereinafter- in this plea mentioned ; and thatjthe plaintiff claims the interest in the second count mentioned, and the same accrued after the making of the deed of the 21st June, 1831, hereinafter mentioned, upon and for the forbearance of the said monies ao paid by him the plaintiff for tho defendant's use, under and by virtue of the said bond ; and that the plaintiff paid 7501.i, parcel of bhe said sum of [211] 15001., at one time, and the residue of the said sum of 15001. at another time, to wit, to Edward Blithe Vise, hereinafter mentioned. Andithe defendant further saith, that after the plaintiff had paid to the defendant's use part of the said monies, to wit, 7501., parcel of the said sum of 15001., and before he had paid for the defendant's use any part of the residue of the said sum of 15001., to wit, on the 21st day of June, 1831, by a certain deed then made, sealed with the respective seals of the plaintiff and defendant, and bearing date on the last-mentioned day, after reciting, that, in consequence of a certain family relationship subsisting between the plaintiff and the defendant, the plaintiff, by way of advancing the said defendant in life, did, at the special instance and request of the defendant, become bourirl with him in a certain bond or obligation, bearing date on or about the 1st day of Miirch, 1828, unto Edward Blitho Vise, in the penal sum of 30001., with a condition thereunto subscribed for making the same void on payment of the sum of 15001., with such'interest for the same, by such instalments or payments, and at or on such days or times, and in such manner and form, as are therein particularly expressed : and further reciting, [hero the deed recited an indenture of assignment by the defendant to the plaintiff, dated 6th April, 1829, of a policy of insurance for 15001. on the defendant's life, subject to a proviso for re-payment thereof by the plaintiff, his...
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