Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

The same Term in the same Court. Hodges versus Moore.

IN Debt for marriage money, the case was this: A man was bound to Hedges to pay him a 1000 l. after that he had married his Daughter, and afterwards he married her, and brought Debt upon this Obligation, and it was not averred that he had given notice to him of the marriage, but deman∣ded the money: And this was moved by Noy in Arrest of Iudgment (but quaere if request afterwards doth not implynetice.)

And Doderidge Iustice put this case, A man is bound to pay a 100 l. two moneths after A. return from Rome, he ought to give notice of his return before that he can have an action upon this Obligation, for he may land at Newcastle, or Plymoth, where by common intendment the Obligor cannot know whether he be returned, or not; and this was agreed by the chief Iu∣stice and Jones.

And Serjeant Davies argued for the Plaintiff, that there need not precise notice to be given, and he cited 1 H. 7. 18 E. 4. and Co. lib. 8. Where the Obligor shall take notice at his perill, and so here because he takes upon him ••or to pay it: And it was said, that one Blackamores case was adjudged in the point, and he conceived also that this request afterwards is a sufficient no∣tice. But Noy for the Defendant said, that he ought to give notice, or other∣wise this mischief would ensue, that if he had not married her, and yet had

demanded the money he ought to pay it: and he said, that where an act is to be done by a stranger, the Plaintiff or Defendant ought to take notice ther∣of at his perill, as the case E. 4. where a man was bound to stand to the A∣ward of I. C. he ought to take notice of the Award at his perill: but where it lies properly in the Conusance and notice of the Plaintiff, there he ought to give notice therof to the Defendant, Co. lib. 5. Mallories case: If a Rever∣sion be bargained and sold to J. S. the Bargainee shall have the Rent without Attornment; but if a penalty be to be forfeited, he ought to give notice to the particular Tenant of the Grant, or otherwise he shall not take advan∣tage therof: and he cited a case which was in 17 Eliz. Stephen Gurneys case; Lessee for years, the Reversion is granted over for years by way of future Interest, to begin upon the death, forfeiture, or determination of the first Lease; provided that if the Rent upon the second Lease be arrear, that the Lessor may enter; the first Lessee surrender, a Rent-day incur, the se∣cond Lessee doth not pay the Rent, the Lessor shall not enter for a Forfei∣ture, because the first Lease determined by an act which lies properly in the Conusance of the Lessor, and because he was to take advantage by it, he ought to have given notice therof to the Lessee, and here he might have well given notice to the Defendant, for it lies properly in the Conusance of the Plaintiff.

The second Objection was, that here was an implied notice, because the Marriage was at the instance of the Defendant, which implies a notice.

Vnder favour, this is no notice, for this is before the marriage, but if no notice be given after the marriage, then there is no notice.

But by Serjeant Davies, there is a sufficient implication, and there is no need of notice in our case; and see Co. lib. 8. Francis his case, where they ought to take notice at their perill, and a marriage is an Ecclesiasticall Iudgment of which he ought to take notice, and he was interrupted, for all the Iustices went to the Parliament. And divers Presidents were cited, that there need no notice to be given in this case: And it was agreed that Iudgment should be given for the Plaintiff: And in Trinity Term next fol∣lowing, Iudgment was accordingly given for the Plaintiff.

Notes

• Where notice is requisite before action, and where not.