Tweddle v Atkinson, Executor of Guy, Deceased
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1861 |
| Date | 07 June 1861 |
| Court | Court of the Queen's Bench |
English Reports Citation: 121 E.R. 762
IN THE COURT OF QUEEN'S BENCH, AND EXCHEQUER CHAMBER.
S. C. 30 L. J. Q. B. 265; 4 L. T. 468; 9 W. R. 781. Approved and applied, Gandy v. Gandy, 1885, 30 Ch. D. 69. Distinguished, Drimmie v. Davies, [1899] 1 Ir. R. 182. Discussed, Kenney v. Employers Liability Assurance Corporation, [1901] 1 Ir R. 331. Referred to, M'Gruther v. Pitcher, [1904] 2 Ch. 308; National Phonograph Company v. Edison Bell Consolidated Phonograph Company, [1908] 1 Ch. 346.
twebdlb against atkinson, Executor of Guy, Deceased. Friday, June 7th, 1861. - 3tf}.lcA.33L Agreement. Consideration. Near relationship. Action. - Declaration stated that, 35-CL.tL.j-i. in consideration of an intended marriage between the plaintiff and the daughter yii-fch.9^. of W. G., W. T., the father of the plaintiff, and W. G. verbally promised to give their children marriage portions; and that after the marriage W. G. and W. T., as a mode of giving effect to their said verbal promises, entered into a written : ; agreement, by which it was mutually agreed that they should pay the sums of 2001. and 1001. respectively to the plaintiff, and that the plaintiff should have full power to sue for the same in any Court of Law or equity. Breach : non-payment of the 2001. by W. G., or by the defendant, his executor : Held, on demurrer, that the action was not maintainable, notwithstanding the near relationship of the plaintiff to the party from whom the consideration moved. [S. C. 30 L. J. Q. B. 265 ; 4 L. T. 468 ; 9 W. R. 781. Approved and applied, Gandy v. Gandy, 1885, 30 Ch. D. 69. Distinguished, Drimmie v. Davies, [1899] 1 Ir. E. 182. Discussed, Kenney v. Employers Liability Assurance Corporation, [1901] 1 Ir. E. 3-3J. Referred to, M'Gruther v. Pitcher, [1904] 2 Ch. 308; National Phonograph Company v. Edison Bell Consolidated Phonograph Company, [1908] 1 Ch. 346.] The declaration stated that the plaintiff was the son of John Tweddle, deceased, and before the making of the agreement hereafter mentioned, married the daughter of William Guy, deceased ; and before the said marriage of the plaintiff the said William Guy, in consideration of the then intended marriage, promised the plaintiff to give to his said daughter a marriage portion, but the said promise was verbal, and at the time of the making of the said agreement had not been performed ; and before the said marriage the said John Tweddle, in consideration of the said intended marriage, also verbalty promised to give the plaintiff a marriage portion, which promise at the time of the making of the said agreement had not been performed. It then alleged that after the marriage and [394] in the...
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London Drugs Ltd. v. Brassart and Vanwinkel, (1992) 18 B.C.A.C. 1 (SCC)
...Resorts Ltd., [1988] 1 S.C.R. 1186; 86 N.R. 241; 29 O.A.C. 1, consd. [paras. 43, 133]. Tweddle v. Atkinson (1861), 1 B. & S. 393; 121 E.R. 762, consd. [para. 48]. Dunlop Pneumatic Tyre Co. v. Selfridge & Co., [1915] A.C. 847 (H.L.), consd. [para. 48]. Coulls v. Bagot's Executor and ......
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...Resorts Ltd., [1988] 1 S.C.R. 1186; 86 N.R. 241; 29 O.A.C. 1, consd. [paras. 43, 133]. Tweddle v. Atkinson (1861), 1 B. & S. 393; 121 E.R. 762, consd. [para. 48]. Dunlop Pneumatic Tyre Co. v. Selfridge & Co., [1915] A.C. 847 (H.L.), consd. [para. 48]. Coulls v. Bagot's Executor and ......
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