William Petch and Mary his Wife, against Jane Lyon
| Jurisdiction | England & Wales |
| Judgment Date | 02 June 1846 |
| Date | 02 June 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 1231
QUEEN'S BENCH
S. C. 15 L. J. Q. B. 393; 11 Jur. 37.
[147] william fetch and mary his Wife, against jane lyon. Tuesday, June 2d, 1846. Defendant, a widow, being pressed to pay M. a debt owing from her deceased husband to the deceased husband of M., signed and gave to M.'s attorney the following note, adressed to the attorney. " I beg you will not proceed against me for M., for the sum of 1001. and interest, which I owe her; and I will pay the interest, amounting to 91., due on the 23d December next, and the principal as soon as I am able." Held, that this did not support a count in debt for interest upon, and forbearance by M. to defendant, at her request, of, moneys owing from defendant to M. : nor a count in debt for money found to be due from defendant to M. on an account stated between them. In a discussion between the attorneys of the plaintiff and defendant, touching the dispensing with certain witnesses at the trial, plaintiff's attorney stated to defendant's attorney that the debt was one owing from the late husband of defendant. Held, that such statement could not be given in evidence against plaintiff. [S. C. 15 L. J. Q. B. 393; 11 Jur. 37.] Debt. The first count stated that defendant, while the plaintiff Mary was unmarried, to wit on, &c., was indebted to the said Mary in 501. for interest upon, and for the forbearance by the said Mary to defendant, at her request, of, moneys " due and owing from the defendant to the said Mary," Second count. " And in 1001. for money found to be due and owing from the defendant to the said Mary on an account then stated between them." Pleas. 1. Never indebted. Issue thereon. 2. A plea of fraud. Replication, traversing the fraud. Issue thereon. On the trial, before Coltman J., at the Yorkshire Spring Assizes, 1845, it appeared that, while the female plaintiff was unmarried, an attorney, named Carr, verbally demanded, on her behalf, the sum of 1001. from the defendant. The defendant stated that the money had been owing, not from herself, but from her deceased husband, to a former husband of the plaintiff Mary : and that Mary's deceased husband had given the debt to her (the defendant's) late husband. Carr, however, insisted on her executing a writing, which he [148] drew up, and which she accordingly signed. The writing was as follows. " Mr. Carr. " Market Weighton, Oct. 15th, 1842. " Sir,-I beg you will not proceed against me for Mrs. Mary Clark for the sum of 1001., and interest, which I owe her; and I will pay the interest, amounting to 91., due on the 23d December next, and the principal as soon as I am able.-I am, Sir, your obedient servant, " jane lyon. " Witness, Charles Carr." Carr, who was called as a witness for the plaintiffs, proved these facts, and also that he was, at the time of the signature, acting as attorney for the female plaintiff. He was then asked whether he had not heard the present...
To continue reading
Request your trial