| 1414.029 |
1414 |
Common Pleas |
Debt on an Obligation |
Dette |
Lodington, William Sjt (for D)
Hill, Robert JCP Hull
Strangeways, James Sjt |
Dier (occupation and surname?) |
John |
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Fitzherbert Imprisonment 14
Brooke Obligation 85, Faits 93 |
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| Brief de Det fuit port sur un obligation per un John Dier,ou le defendant alleage per Lod. per |
9 |
Defendant put forth an indenture with a condition that if defendant did not use the dyer's craft within plaintiff's vill, for half a year, that the obligation would lose its force, and pleaded that he did not use the dyer's craft during the time period.
Hill JCP stated that he thought the obligation was void and the plaintiff should be imprisoned until he made fine to the king.
Plaintiff replied (to defendant) that defendant used the dyer's craft for 7 days within the time delimited by the condition.
Issue joined. |
per un John Dier
Sjt Lodington: sur condition que si le defendant ne usent my son Art de 'Diers craft' deins le vill, ou le plaintiff, &c.; pur demy an; ne usist my son Art de 'Diers craft' en le temps limit
Hill JCP: A ma intent vous purres aver demurre sur luy, que l'obligation est voide, eo que le condition encounter common ley, & per Dieu si le plaintiff fuit icy, il irra al prison, tanque il ust fait fine au Roy
Sjt Strangeways: Nous diomus que le defendant aver use son Arte pur temps, &c, cestascavoier vii jours deins le temps limitte per condition, prist, & alii e contra |
'Dier' was plaintiff's art or craft as well as surname. Defendant described a non-competition agreement., and pleaded that he complied with the condition. Hill JCP seemed to characterize it as a contract in restraint of trade contrary to common law, subjecting the promisee to prison and fine.
Hill JCP: To my thinking, you could have demurred that the obligation is void, because the condition was against common law, and by God (swearing) if the plaintiff were here, he would go to prison, until he has made a fine to the king.
After this very strong statement by Hill JCP, counsel for plaintiff treated the obligation and condition as valid, and pleaded that defendant used the dyer's craft for 7 days within the half year delimited by the condition. |
Obligation
Allegation
indenture
Condition
Art
Craft
Vill
Loss
Force
Averment
Demand
Judgment
Action
Understanding
Demurrer
Voidance
Common Law
God
Prison
Fine
King
Limitation |
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