Woolvil v Young and Another
| Jurisdiction | England & Wales |
| Court | High Court |
| Date | 1794 |
English Reports Citation: 87 E.R. 709
IN THE COURT KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 179. anonymous. If a statute enact, " that if damages be under 40s. the plaintiff shall not have judgment, but defendant shall have costs," the verdict in such case must be entered for defendant. Note. By a private Act of Parliament it was enacted, " that if a trial be had between two inhabitants of Newcastle upon Tine, and the damages not exceeding forty shillings, that in such case the plaintiff shall have no judgment, but the defendant shall have costs." An indebitotus assumpsit was brought, and a verdict for the plaintiff, and thirty shillings damages. The question was, how the defendant should have his costs 1 And now a motion was made, that this matter might be suggested on the roll. But Holt, Chief Justice, said, that the Judge of the Inferior Court should have directed the jury to find for the defendant. (a) Year Book 9 Hen. 7, pi. 3. (c) But see 5 Term Rep. 248. (d) But it appearing to be the mistake of the attorney, the avowry was afterwards amended in the Court of Common Pleas, S. C. Corny. 42; and the roll altered accordingly in the Court of King's Bench, S. C. 2 Salk. 580, and upon these amend ments the judgment was affirmed, S. C. 1 Ld. Ray. 256.
English Reports Citation: 87 E.R. 710
IN THE COURT KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
710 MICHAELMAS TERM, 9 WILL. 3. IN B. R. 8 MOD. 368. case 180. woolvil against young and another. A declaration on a bill of exchange must state a consideration, or shew it to be a bill of exchange within the custom of merchants; for stating a custom generally, that every person who signs a bill is bound to pay it, is not sufficient. The plaintiff declared upon the custom of England, viz. " that if any person sign a bill to pay money at a day, he ought, by the custom, to pay it upon that day ; " and then seta forth, that the defendants were residentes et negotiantes infra hoc regnum Anglice, and that they had signed such a bill, but did not pay the money. And, upon demurrer to the declaration, it was held to be ill, for this way of declaring so generally will exclude all considerations which must be averred. Every man is negations in the kingdom ; and if the plaintiff would have brought his case within the custom of merchants, he ought to have said commerdmn habentes, or have shewn that the...
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