Worthington, and Mary, his Wife, v Wigley
| Jurisdiction | England & Wales |
| Judgment Date | 20 January 1837 |
| Date | 20 January 1837 |
| Court | Court of Common Pleas |
English Reports Citation: 132 E.R. 485
IN THE COURT OF COMMON PLEAS
S. C. 3 Scott, 558; 5 D. P. C. 504; 1 Jur. 183. Referred to, Henderson v. Arthur, [1907] 1 K. B. 14; In re Defries, [1909] 2 Ch. 429.
worthington, and mary, his Wife, v. wigley. Jan. 20, 1837. [S. C. 3 Scott, 558; 5 D. P. C. 504; 1 Jur. 183. Referred to, Henderson v. Arthur, [1907] 1 K. B. 14; In re Defries, [1909] 2 Ch. 429.] To debt on a bond conditioned for payment of money, pleas, that after the day of payment, and before action, the obligee received certain bills of exchange not yet due, on account of part of the sum due on the bond, and certain monies in satisfaction of the residue, Held ill. To debt on bond for 11001. given by the Defendant to the Plaintiff's wife, dum sola, and conditioned for the payment of 5521. 19s. and interest, on the 31st of January 1832, The Defendant pleaded, first, as to 2761. 13s., parcel of the 5521. 19s. and interest, that after the 31st of January 1832, whilst the Plaintiff Mary was unmarried, and before the commencement of this suit, to wit, [455] on the 18th of March 1833, she drew several bills of exchange on the Defendant (setting forth the particulars) for and on account of the said sum of 2761. 13s., payable on days not yet arrived; that the Defendant accepted such bills, and delivered them to the Plaintiff Mary, who took 486 MORGAN V. PEBKER 3 BING. (N. C.) 456. and received the same for and on account of the said sum of 2761. 13s., and the causes of action in respect thereof. Secondly, as to the residue of the said sum of 5521. 19s. and interest, that after the 31st of January 1832, while the Plaintiff Mary was sole and unmarried, and before the commencement of this suit, to wit, on the 1st of January 1835, the Defendant paid to the said Mary, who then accepted and received from the Defendant, divers moneys, to the amount of the residue of the said sum of 5521. 19s. and interest, in full satisfaction and discharge of the same. Demurrer and joinder. Swann, in support of the demurrer. Unless both the pleas can be sustained, there is no answer to the action. But both are ill, for in Davis v. Gyde (2 Adol. & Ell. 624), where, to an avowry for rent, the Plaintiff pleaded in bar as to 101., part of the rent, that he made his...
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