Tildesley v Harper
| Jurisdiction | England & Wales |
| Date | 1877 |
| Year | 1877 |
| Court | Court of Appeal |
Pleading - Leave to amend - Evasive Denial -
In an action against a lessee to set aside a lease granted under a power, the statement of claim stated that the donee of the power had received a specified sum as a bribe, and stated the circumstances; the statement of defence denied that that particular sum had been given, and denied each circumstance, but contained no general denial of a bribe having been given. Fry, J. having held that the denial was evasive, and amounted to an admission that some bribe had been given, and having refused leave to amend the statement of defence:—
Held, by the Court of Appeal, that leave to amend the statement of defence ought to be given.
Per Bramwell, L.J.:— As a general rule leave to amend ought not to be refused unless the Court is satisfied that the party applying is acting malâ fide, or that his blunder has done some injury to the other side which cannot be compensated by payment of costs or otherwise.
Whether the Defendant ought on the pleadings to be held to have admitted the acceptance of some bribe, quære,
THIS was an appeal from a judgment of Mr. Justice FryF1.
The action was brought by Matthew Tildesley, the executor and trustee of the will of Mary Hitchcocks and several infants, cestuis que trust under the will, against certain mortgagees, and against W. H. Anderson, a lessee, claiming to have the mortgages and the lease set aside. As to the lease the statement of claim stated that Mary Hitchcocks by her will authorized and empowered Matthew Tildesley, or other the trustees of her will, to demise and lease all or any part of her real estate to any person or persons for any term or number of years not exceeding twenty-one years, so that in every such case there should be reserved the most improved yearly rent that could be reasonably obtained for the same; that a part of the estate of the testatrix consisted of a freehold inn called the Golden Fleece, and two houses behind it; and that by an indenture of lease dated the 31st of December, 1873, Matthew Tildesley, in alleged exercise of the power in that behalf contained in the aforesaid will, purported to lease the inn and the two houses to W. H. Anderson for twenty-one years, at £200 a year rent. The statement of claim then stated as follows: “When such alleged lease was granted the Defendant Anderson knew that the Plaintiff Matthew Tildesley was a trustee only of the said Golden Fleece Inn and premises, with a power of leasing. The said rent of £200 was not, and both the Plaintiff Matthew Tildesley and the Defendant Anderson knew it was not, the most...
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...to Steward v North Metropolitan Tramways Company 2 in which Lord Esher MR said: "The rule was thus laid down in Tildesley v. Harper (1) [ 10 Ch. D. 393] by Lord Bramwell, who there says: "My practice has always been to give leave to amend, unless I have been satisfied that the party applyin......
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Evidence; procedure; costs
...in the manner most likely to do justice between the parties.” . . . I believe, in the words of Bramwell L.J. in Tildesley v. Harper [(1878), 10 Ch. D. 393] at pp. 396–7, that “unless I have been satisied that the party applying was acting mala ide, or that, by his blunder, he had done some ......
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Evidence; Procedure; Costs
...in the manner most likely to do justice between the parties.” . . . I believe, in the words of Bramwell L.J. in Tildesley v. Harper [(1878), 10 Ch. D. 393] at 396–7, that “unless I have been satisfied that the party applying was acting mala fide, or that, by his blunder, he had done some in......
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Evidence; Procedure; Costs
...in the manner most likely to do justice between the parties.” . . . I believe, in the words of Bramwell, L.J. in Tildesley v. Harper [(1878), 10 Ch. D. 393], at pp. 396–7, that “unless I have been satisfied that the party applying was acting mala fide , or that, by his blunder, he had done ......
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Evidence; procedure; costs
...... I believe, in the words of Bramwell, L.J. in Tildesley v. Harper [(1878), 10 Ch. D. 393], at pp. 396–7,that“unlessIhavebeensatisfiedthatthepartyapplyingwasacting mala fide ,orthat, by his blunder, he had done some injury to his opponent which could not be compensated for by costs or o......