Wych v East India Company
Jurisdiction | England & Wales |
Judgment Date | 01 January 1734 |
Date | 01 January 1734 |
Court | High Court of Chancery |
English Reports Citation: 24 E.R. 1078
LORD CHANCELLOR TALBOT.
Case 78.-wych v. east india company. [1734.] Lord Chancellor Talbot. An executor, administrator, or trustee for an infant neglects to sue within six years ; the statute of limitations shall bind the infant. The East India company were bound by contract to make an allowance of two rupees per cent, to the plaintiff's intestate, for which the plaintiff, the administrator de bonis non of his father, brought a bill. The intestate, with whom the company made the contract, was then beyond sea, and there died, leaving an infant son of tender years. Upon the death of the intestate, administration was granted to A. until the said son should come to twenty-one, ad usum et commodum of the infant, who at that time was about years of age. The administrator in trust for the infant never commenced any suit on this contract"; but the son within six years after his attaining twenty-one, brought this bill against the company, who pleaded the statute of limitations, viz. that the cause of action did accrue above six years before the suit commenced. Whereupon it was argued, that as the time did not run against the father, with whom the contract" was made, because he was beyond sea, and died there; so after the death of the father the son was an infant, and ought not to be barred or prejudiced by the neglect or default of his trustee, the administrator during his minority. [310] Lord Chancellor. The administrator during the infancy of the plaintiff had a right to sue ; and though the cestuy que trust was an infant, yet he must be (1) bound by the trustee's not suing in time; for I cannot take away the benefit of the statute of...
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