| 1372.050 |
1372 |
|
Debt |
Dette
Double plee
Judicium |
| Trin. |
46 |
Edw. 3 |
8 |
16a-16b |
Percy, Henry Sjt Persay (for P)
Percy, Henry Sjt Persay
Belknap, Robert Sjt (for D)
Fyncheden, William de CJCP Finchden
Meres, Roger de (alias Kirkton) JCP Kirton
Belknap, Robert Sjt
Percy, Henry Sjt Persay
Belknap, Robert Sjt
Percy, Henry Sjt Persay
the Justices
Fyncheden, William de CJCP Finchden |
two |
|
|
|
Fitzherbert Double plee 12
Brooke Double plee 124
Statham Issue 13 |
|
|
| Dette port per ij. vers un, & ils monstrent avant un obligation de xxiiij. li. fait per luy & un auter, & il avera tiel |
20 |
| Debt brought by two against one, and they showed forth an obligation of 24 pounds made by him and another, and it had this endorsement on the back of the obligation in lieu of a defeasance, that in case the one who was not named in the writ was ready, in the event that he was garnished by three weeks to come to a certain place, that is to say, to London, at their costs, to account and to pay at that time that which would be found there to be due reasonably on his account (allowances allowed), that then the obligation would be as null, and the defendant said that he (the other obligor) was never garnished to come at their costs, and he demanded judgment if an action etc. The plaintiff said that the plea was double, one that he should be garnished (p' te'ps), another to come at the plaintiff's cost, so that the defendant should hold to one, (Latin begins) and this was not allowed (Latin ends), because if there were various conditions in a defeasance, it was necessary to answer to all. The plaintiff said that he was garnished; ready to aver. The defendant said that since the plaintiff did not say that he tendered him his costs, he demanded judgment. Fyncheden CJCP said that it was necessary for him to maintain both, but the plaintiff could elect upon which he wanted to take issue. Meres Sjt said that inasmuch as the plaintiffs had said that he was garnished, and now they said and took as issue so much (tantum), that the plaintiffs had not tendered the costs of this, it was included (enclos') that he had been garnished sufficiently. Then the defendant, in haste, said that he wanted issue to be taken on the one and on the other, and he tendered to aver this. The plaintiffs said that he was garnished; ready. The defendant said that, because the plaintiffs did not maintain the tender of the costs, he demanded judgment. The plaintiffs said that the defendant gave them the advantage of taking issue on the one or on the other at their licence, and upon this there was a great (alteration) among the Justices how issue would be taken. Fyncheden CJCP said that one of them said that the issue could well be taken upon both, because if the two were found fulfilled on the plaintiff's part, he was at his recovery, and even if one were found for him and the other for the defendant, still the writ would abate. |
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