The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.
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Title
The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.
Author
England and Wales. Court of Common Pleas.
Publication
London :: Printed by T.R. for Henry Twyford, and Thomas Dring ...,
1656.
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Subject terms
Law reports, digests, etc. -- England.
Cite this Item
"The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A45254.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2024.
Pages
Hil. 16 Jac. Bigg versus Malin.
BIgg brought an action upon the Case against Malin, as Admini∣strator, and counts that whereas the Intestate was indebted to him in ten pounds, and the Defendant also was indebted to him in forty shillings, they accounted, and upon account the Debt being twelve pounds, the Defendant being Administrator did assume and promise to pay it, Et licet saepius requisitus non solvit: And upon Non assumpsit pleaded, the Verdict was found for the Plaintiff: And by Finch, it was moved in Arrest of Iudgment, that the Plaintiff had not shewn in this Count sufficient consideration to charge the De∣fendant, because that it doth not appear that the Defendant hath As∣sets. But the Court disallowed that, for if that were necessary it ought to be presumed to be found in the Verdict; As in the case, in conside∣ration that the Plaintiff had sold and delivered to him twenty quar∣ters of good and merchantable Barly, the Defendant promise to pay
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him twenty pound: Non Assumpsit, the Plaintiff ought to prove the promise and the delivery. And as in Debt against Executors upon a simple Contract, it shall not need to be alledged that they had Assets to pay Debts by specialties, yet good, and that ought to be proved.
But it seemed to be agreed, that if an Executor or Administrator which hath not Assets, makes promise of payment, if it be not mixed with any profit to himself, viz. forbearance, &c: there it shall not charge him.
But by Warburton, if an Executor hath fifty pounds Assets, and he promise to pay to a Creditor a hundred pounds, that shall bind him for all, for when he hath Assets for part, the Plaintiff hath Iudgment for all, and execution only for so much as is found. And in this case the Plaintiff had Iudgment.