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

CCCIX. Constable and Farrer's Case. Hill. 31 Eliz. In the Kings Bench.

IN an Action upon the Case upon an Assumpsit, the Plaintiff de∣clared, That whereas the Defendant had brought an Action against him, the Issue in which ought to be tried at the next Assises at N. the Defendant in Consideration that the now Plaintiff should confess the Action aforesaid at the Assises holden the 4th of August, promised that he would stand to the Arbitrament of J.S. for the said matter: And upon Non Assumpsit, the Iury found That the Defendant made such a Promise the 5th of August, but not the 4th of August.

Cook, I conceive, That upon this Verdict the Plaintiff shall have Iudgment; for in truth the Assises began the 4th of August; and the Consideration was, That the now Plaintiff should con∣fess the Action at the same Assises; which although they continue divers days, yet in Law, all is but one day; And all the Assises shall be said to be holden the 4th of August: so as of necessity, we must lay the promise accordingly. And it is a clear case, That the Plaintiff in an Action upon the Case, shall declare upon a Promise the first day of May; And if it be found, that it was made at ano∣ther day, yet the Plaintiff shall recover.