The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

About this Item

Title: The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.
Author: Leonard, William.
Publication: London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,; 1686.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.; Law -- England -- Cases.
Link to this Item: http://name.umdl.umich.edu/A47718.0001.001
Cite this Item: "The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

CC. Tooley and Preston's Case. Hill. 29 Eliz. In the Common Pleas.

* 1.1IN an Action upon the Case by Tooley against Preston, (which see, Mich. 29 Eliz. Reported in Leon. 1. Part, fol. 297.) Iudg∣ment was given for the Plaintiff; And now upon the Retorn of the Writ of Enquiry of Damages, It was moved, That for as much as the Damages are excessive, viz. 200l. that the Court de Gratia would abridge the Damages: But the whole Court was against it; For that they as Iudges cannot know what prejudice and damage the Plaintiff hath sustained, by the wrongful detain∣ing of the said Recognizance, but the Iury may well have notice of such matter: And as the Case is here, the damages are but incertain upon the Assumpsit: For the Defendant assumed, That if he did not redeliver the said Recognizance to the Plaintiff to pay him 1000 l. so as the damages are reduced to certainty by the promise of the Defendant himself. And by Anderson, If I bail to you an Obligation, to rebail the same to me before such a day one 10l. now upon not delivery at such a day, I shall have an Action of Debt for the 10l. contrary, by Windham. And by Anderson, in the principal Case, If the Defendant had pleaded Non Assumpsit, and the Iury had found the promise, they might have given 1000l. damages, without danger of an Attaint, notwithstanding that the Plaintiff could not prove that he was damnified one penny, and that by reason of the express Assumpsit of the Defendant.

Notes

* 1.1

1 Len. 397. 1 Cro. 206. 2 Len. 105.

Back to content