1455.066 |
1455 |
Common Pleas |
Debt on an obligation |
Debte |
Trin. |
33 |
Hen. 6 |
14 |
28a-28b |
Laken, William Sjt (for D)
Boef, William Sjt
Littleton, Thomas Sjt
Moyle, Walter JCP Moile
Danvers, Robert JCP Davers
Prysot, John CJCP Prisot |
Benton |
Richard, tailor of London |
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Richard, arbitrator
John, arbitrator
Etwel, Henry, arbitrator |
London (Londres, Londin'), a parish and ward of
E., in Kent county
Kent (Kanciae), county of |
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Fitzherbert Issue 92 (not 29)
Brooke Travers per sans ceo 24 |
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Richard Benton de Londres Taillour auterfois suist un brief de Debte de xl l. en Londres, envers |
45 |
Plaintiff brought a writ in London and counted on an obligation that was endorsed that if the parties arbitrated all actions between them before a certain date (the obligation would lose its force).
Defendant pleaded arbitration in another county and pleaded that he perfomed it.
Plaintiff replied that the arbitration was in London.
Defendant rejoined that the arbitration was in another county, denying that it was where plaintiff alleged.
Issue was joined in London.
The matter was found with plaintiff by a (jury at) Nisi prius.
Defendant argued that the Court ought not go to judgment, because the plea was not good and the issue was not well joined.
Moyle JCP argued that the issue was good.
Danvers JCP argued that the issue was not good.
Prysot CJCP argued that the issue was badly joined.
On another day, it was said, on advice (of the Justices) that the parties would plead anew.
This was done by award of the Court. |
endorsement: 'sterint arbitrio' 'arbit- indifferenter electi'
plea: 'arbitratus fuit, ordinavit & adjudic-'; 'unam crateram argenti' (silver bowl)
Sjt Littleton: c' est 'negativa praegnans'
Moyle JCP: En vostre cas nonobstant que soit 'negativa praegnans'; ceux parolz 'talia qualia' ('as much as') affirma le matter monstre, mes nemy la forme del mattere, &c. |
demand for 40 pounds
arbitration award: plaintiff would release to defendant all right in 10 acres of land in E. in Kent and pay 10 shillings to defendant and defendant would deliver to plaintiff a silver bowl
reference to writ 'de tale quale' in 1451.026abr = Mich. 30 Hen. 6, Statham Connte 2, fol. 38r |
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Fitzherbert Issue 92, fol. 41r, named an arbitrator Herr- Atwel |
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Tailor
Suit
County
Count
Obligation
Endorsement
Arbitration
Impartiality (indifferenter)
Arbitrator
Choice
Election
Action
Octave
Writing
Ordinance
Judgment
Citra
Feast
Release
Relaxation
Right (jus)
Acre
Bowl
Silver
Delivery
Case
Parish
Ward
Monday
Absque Hoc
Issue
At Issue
Matter
Finding
Nisi Prius
Plea
Good Plea
Joinder
Joinder Of Issue
Effect
Time
Taking Issue
Denial
Party
Plea To The Matter
Pleading
Assize
Feoffment
Stranger
Manor
Dying Seised
Seisin
Traverse
Good Traverse
Need (besongne)
Fee
Sine Assensu Capituli
Assent
Chapter
Entry Sine Assensu Capituli
Alienation
Way (modo)
Form
Negative Pregnant
Negativa Preignans
Notwithstanding
Good Issue
Word (parolex)
Talia Qualia
Affirmation
Showing
Form Of The Matter
Plea To the Form
Plea To The Time
Contrary
Bar
Plea In Bar
Pleading In Bar
Bad Joinder
Misjoinder
Verdict
Attaint
Proof
Trial
Confession
Variance
Principal Cause
Award
Purity (merement)
Voidance
Answer
Certainty
Modo & Forma
Advice
De Novo
Note |
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