Reports of Cases Argued and Determined in the Court of King's Bench; During Hilary, Easter, and Trinity Terms, in the Second and Third Geo. IV. [1822-Trinity Term, 1827] Volume 8

Reports of Cases Argued and Determined in the Court of King's Bench; During Hilary, Easter, and Trinity Terms, in the Second and Third Geo. IV. [1822-Trinity Term, 1827] Volume 8

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1825 edition. Excerpt: ...them, in which Robert Chadley was debtor to Sweet. Robert Chadley was also debtor to his brother James, who resided out of London. About the month of August or September, Robert Chadley spoke to Sweet, and desired that he would put down the goods which had been sold to James Chadley, to the account of him, RobertSweet agreed to do this, and the next time Robert Chadley saw his brother James, he informed him what Szoeet had said. This, however, was not done until towards the end of the year, when Sweet gave in an account of the money due to him from Robert Chadley, and then he put at the end of the account this entry; " December 1 st, 1822, Your brother's account, 14/. Is." This is all that passed between the three parties. Sweet is not proved ever to have said, "I will take you Robert as my debtor, and discharge James;" he is not proved ever to have said or done that which would have the effect of discharging James. It was contended by the defendant's counsel that this was accord and satisfaction; but admitting the previous agreement to have existed, what proof is there of any satisfaction J None whatever. We consider the entry made by Sweet to mean no more than this, " I will debit the account of Robert for 14/. Is.;"--but not, " 1 will discharge James at all events from this sum." The dealings between the parties were not at all varied by this arrangement. The bankrupt's condition was not improved by it, nor was the defendant's injured. It amounted at the utmost to an accord, but certainly not to a satisfaction. Upon the whole of the case, therefore, we cannot say that either Robert could have been made to pay this money to Sueet, if he had been called upon for it, or that James is discharged from that...show more

Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236495632
  • 9781236495631