The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.
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Title
The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.
Author
Ventris, Peyton, Sir, 1645-1691.
Publication
London :: Printed by the assigns of Richard and Edward Atkyns, Esquires, for Charles Harper ..., and Jacob Tonson ...,
1696.
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Subject terms
England and Wales. -- Court of Common Pleas. -- Report.
England and Wales. -- Court of King's Bench. -- Report.
Cite this Item
"The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A64839.0001.001. University of Michigan Library Digital Collections. Accessed May 26, 2024.
Pages
Davis versus Wright & al'.
HIll. 22 & 23 Car. 2. Rot. 701. In an Assumpsit the Plaintiff declared, That his Father gave him by his Will, 3 l per annum during his Life, and that he was about to Sue for it; and that the Defendants being Executors to the Father, in Consi∣deration that the Plaintiff would forbear to commence a Suit against him for it, promised to pay him.
The Defendants plead, That the Testator was indebted in divers Sums, and ultra to pay them he had no Assets.
To this the Plaintiff demurred; for that by this Promise the Defendants have made it their proper Debt.
But it was said on the other side, That if there were no Assets, there was no cause for the Plaintiff to have commenced a Suit: And to stay a caussess Suit can be no Consideration; as the Case of Smith and Johns, 2 Cro. 257. where one having married an Executrix, after her decease promised J. S. that if he would forbear a Suit against him for a Legacy, he would pay it.
descriptionPage 121
It was held to be a void Promise, being in no wise liable to be sued after the Death of his Wife: And the Opinion of my Lord Coke, 9 Rep. 94. in Bane's Case is, That an Executor shall not be charged with such Promise, unless he hath Assets.
But the Court Resolved for the Plaintiff: For it is not material whether the Defendants had Assets or no at the time of the Pro∣mise; for by the Promise they caused the Plaintiff to desist, who peradventure at that time was prepared to prove Assets; and relying upon such Promise might be much to his prejudice, if he could not afterwards recover upon it.
But the Chief Justice said, If it had appeard upon the Declara∣ton that there were no Assets, the Plaintiff by shewing that would have destroyed his Action.