Vere v Smith
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 83
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
vere versus smith. S. C. 2 Keb. 761, 779, 830. 2 Lev. 5. Vide 6 Mod. 139. In debt upon an obligation. The condition recited, that the defendant served the plaintiff as a brewer's clerk, and that if he performed such covenants, &c. The defendant pleads, performavit omnia. The plaintiff replies, that one of the covenants was to give the plaintiff a true account of all such monies as the defendant should receive, &c. whensoever he should be thereunto requested; and alledged, that 301. came to his hands, and that he requested him to give an account of it, which he refused to do. The defendant rejoins, confessing the receipt of the said money, but saith, that 84 PASCH. ANNO 23 CAR. II. IN B. B. 1VENTRIS, 122. before request made by the plaintiff, he laid it up in the plaintiff's warehouse, and that certain malefactors (to the defendant unknown) stole it away, & hoc paratua est verificare. And to this the plaintiff demurs generally. And Jones argued, that the matter contained in the rejoinder was a departure from the bar, for.it doth not amount to an account, but rather an excuse or discharge of himself, why he should not account. Again, he ought not to have averred his plea, but to have concluded to the country: for the plaintiff in his replication having alledged, that he gave no account, and the defendant in his rejoinder setting forth, that he did give an account, there is an issue joined; wherefore it ought...
To continue reading
Request your trial
-
Hacket against Tilly
...the obligor, and is in the nature of a defeasance; aliter if the bond had been single. (a) See the case of Fere v. Smith, 2 Lev. 5. S. C. 1 Vent. 121. S. C. 2 Keb. 761, 779, 830. (a) It appears that this case was in Hilary term, 7 Ann. S. C. 1 Salk. 131. (a) For construction of conditions, ......
-
Baxter and Another v Hozter
...him, even of 501., it is impossible to say that the action of assumpsit will not lie for that balance." So, from F'ere v. Smith (2 Lev. 5. 1 Vent. 121), it appears that the account may be good although an insimul [297] computasset would not lie on it. There, upon an action on a bond to acco......
-
EDWARD HORNSBY, Secretary to the Commissioners of Public Works, v WILLIAM LAUNCELOT SLACK
...Secretary to the Commissioners of Public Works, and WILLIAM LAUNCELOT SLACK. Vere v. SmithENRENRENR 2 Lev. 5; S. C. 2 Keb. 761, 779, 830; 1 Vent. 121. Vere v. Smith Vide supra. Coggs v. BernardENR 2 Ld. Raym. 909, 914. Ross v. HillENR 2 C. B. 877. Woodliffe's case F. Moore, 462. Rich v. Kne......
-
London City v Vancker
...158, 193. 4 Mod. 27, 28. 5 Mod. 105, 106, 107, 156, 157. 6 Mod. 123, 177. Kaym. 447. 1 Salk. 192, 193, 341, 352. 1 Jones 162. 2 Jones 145. 1 Vent. 121, 196. 1 Sid. 284. The defendant was chosen one of the Sheriffs for the City of London, but refused, and thereupon an action was brought agai......