Ward & Prin
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 925
King's Bench Division
[78] trin. 24 car. ward & prin. pasc. 24 car. rot. 169. Error. In a writ of error upon a judgment in C. B. in an action upon the case, wherein the plaintiff declares, that whereas one John Ward, the plaintiffs granchild, by the consent of the plaintiff, was put to the defendant to serve him, being a as his clerk. And that the defendant was to find him meat, drink, and lodging, &c. And that the plaintiff thereupon had given 301i. to the defendant, and had agreed to give 30H. more in consideration that the plaintiff, at the special request of the defendant, would give consent that the said John Ward should depart out of his service. And that the said John Ward should depart his service, the defendant promised to pay to the plaintiff 15li. &c. And upon non assumpsit, a verdict for the plaintiff. And it was moved for error, that there was no consideration for the promise, but the giving of the plaintiffs consent that J. W. should depart; and he might have departed without his consent; but it was disallowed: for the relation of the plaintiff to J, W. and the charges he sustained in placing him with the defendant, shew that his interest was so great in him, that in all probability the plaintiffs consent was an effectual means to cause J. W. to depart from the defendants service. And the case of Ghisby and Lather in Hobart was cited, where the mothers consent that her daughter should marry the defendant, was a good consideration of a promise to the mother. And the judgment was affirmed. Hale for the plaintiff in the writ of...
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