Watson against Norbury and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1658 |
| Date | 01 January 1658 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 484
UPPER BENCH COURT AT WESTMINSTER
[3] watson against noebury. 21 Car. Bane. Eeg. Mich. 20 Car. Rot. 156. Action upon the case. Watson brought an action upon the case against Norbury, for procuring a commission of bankrupt against him, by virtue whereof he broke open his shop, and took away his goods and shop-books, whereby he was so discredited that he lost his trade, to hia damage, &c. To this the defendant pleads, that the plaintiff did heretofore bring his action of trespass for the breaking open of his shop, and for the taking away of his goods, and had in that action recovered damages against him, and demands if he shall not be thereby barred in this action; and that he should be barred the defendants councell alleged, that a recovery in one personal action is a bar in all personal actions touching the same thing, and that here the action of trespass formerly brought,. 8TY1E.1 HILL. 21 CAB. 485 and the action of the case now brought were personal actions, and that they were both brought for the game thing, and therefore the plaintiff ought to be barred ; it was also urged that an action of the case lies not in this case, for that, to ground an action upon the case, there must appear to be malice in the party that did the fact, and prejudice to the party to whom the fact is done, but there appears no malice here, for what was done is said to be done, by virtue of a commission of bankrupt which shall be intended a lawfull authority to warrant the fact, and not grounded upon malice, so that malice and prejudice do not both appear, but only damage, and that alone will not support this action, for neither for damage alone without malice, nor for malice without damage will an action upon the case lie. But to this it was answered (to which the Court enclined) that this action upon the case was not brought for the same cause that the action of trespass was formerly brought, for that was only for the breaking open of the shop, and taking away his goods, and the damages he received thereby, but this action is brought for the damage he sustained, by the losse of his credit, and hindrance in his trade thereby, caused bv the defendants taking out a commission of bankrupt against him, and by colour thereof breaking open his shop and taking away his goods, and so disparaging him in his reputation, whereby he lost his trade; and though the breaking open of his shop, and the taking away his goods...
To continue reading
Request your trial
-
Young v Higgon
...effect: Clayton's case (5 Rep. 1), fforris v. Hundred of Gawtry (Hob. 189; 1 Brownl. 156), Oshournv. Rider (Cro. Jac. 135), Clark's case (Sty. 3H2), R. v. Adderley (2 Dougl. 463), Morley v. Vauglum (4 Burr. 2525), Bellasis v. Hester (1 Lord Raym. 280; Lutw. 1591). [Parke, B. The cases which......
-
Young v Higgon, Esq
...effect: Clayton's case (5 Rep. 1), fforris v. Hundred of Gawtry (Hob. 189; 1 Brownl. 156), Oshournv. Rider (Cro. Jac. 135), Clark's case (Sty. 3H2), R. v. Adderley (2 Dougl. 463), Morley v. Vauglum (4 Burr. 2525), Bellasis v. Hester (1 Lord Raym. 280; Lutw. 1591). [Parke, B. The cases which......
-
Mr G Gibb v Glasgow School of Art: 4103428/2020
...“the Mack”. The Mackintosh Building 20 was designed by Charles Rennie Mackintosh and is widely regarded as an iconic building of the Modern Style. 3. In recent years there have been two serious fires in the Mackintosh On 24 May 2014 the first fire destroyed the loggia, the top floor studios......
-
Olive and Tong
...name, although by the testator he was known by no other name than the name of Mills, for he is so called, and this answers 804 MICH. 1653 STYLE.3W. the proviso in the will, that he should be of his own sirname with whom his daughter was to mary. 41y. Here is a particular devise made to her ......
-
The epistemic contract of bisexual erasure.
...in its course of study instruction which: (1) Promotes a homosexual life-style. (2) Portrays homosexuality as a positive alternative life-style. (3) Suggests that some methods of sex are safe methods of homosexual sex."); CONN. GEN. STATE. [sections] 46a-81r (1997) ("Nothing in [the enumera......
-
Our children: kids of queer parents and kids who are queer: looking at sexual minority rights from a different perspective.
...of study [about AIDS any] instruction which: 1. Promotes a homosexual life-style. 2. Portrays homosexuality as a positive alternative life-style. 3. Suggests that some methods of sex are safe methods of homosexual sex. ARIZ. REV. STAT. ANN. [sections] 15-7169(c) (149) For an extended argume......
-
The Effects of Probation or Parole Agent Relationship Style and Women Offenders’ Criminogenic Needs on Offenders’ Responses to Supervision Interactions
...or antisocial attitude), and the interactions between the Time 1 vulnerability and each of the two measures of the PO’s relationship style.3 Models also included the number of risks and needs identified by the WRNA discussed during supervision interactions as a control variable. All predict......
-
Our State’s Never Had Better Friends
...one positive or negative comment about their sena- us” by their constituents. Senator Al Gore’s (D-TN) tors on the three measures of home style.3 Despite the prominence as “one of us” may surprise, but recall that advantages of additional media attention and increased his father was a long ......
-
Colorado Register, Vol 41, No. 18. September 25, 2018
...Style Name. If the county defines the election to report results by ballot style or district, a unique, alphanumeric string for each ballot style. (3) Precinct ID. If the county defines the election to report results by precinct, a unique integer for each precinct or precinct (4) Registered......
-
Idaho Register Volume 20-06, June 3, 2020
...and coercion; (3-20-20)T e. The right to wear their own clothing; and (3-20-20)T f. The right to determine their own dress and hair style. (3-20-20)T 04. Basic Needs Allowance. Each resident whose care is paid for by publicly-funded assistance must retain, for their personal use, the differ......
-
North Dakota Administrative Rules Supplement 378, October 2020
...in language use and language learning, types of bilingual and multilingual educational situations, and social determinants of dialect and style. 3. Methods. Two semester or three quarter hours of college coursework, including methods of teaching English as a second language to students, whi......