| 1289.027ss |
1289 |
Wiltshire Eyre |
Account |
placita personalia
acounte de tempore quo f[uit] receptor den[ariorum] |
|
0 |
Edw. 1 |
Wiltshire 18 |
123 SS 430-431 |
|
Clerk |
Thomas, of Marlborough, merchant |
|
|
| N. marchaunt porta bref d acounte vers W. de C. marchaunt e se pleint qe atort ne ly rend renable acounte |
35 |
Brand: An action of Account was brought by one merchant against another for money (and, the enrolment adds, livestock) entrusted to him as agent for the plaintiff to trade with for his profit. The defendant initially excepted to the plaintiff's count for not stipulating where the defendant was liable to render his account and then on the grounds that some of the money had been entrusted to the defendant in another county, but the court disallowed both challenges. The defendant then asked for evidence of the goods having been so entrusted. The plaintiff said it was not mercantile custom to make a written record of such bailments and the defendant offered to deny receipt by wager of law. The plaintiff countered that law merchant allowed him to prove the bailment by his law. Eventually the court persuaded the parties to accept jury trial. The enrolment shows that the jury found that only part of the money and merchandise had in fact been entrusted and the plaintiff recovered only its value.
(account) |
| Harvard Law School MS 193, fols. 84r-84v |
|
|
|
| Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 430-432 (London 2007) (89 Wilts. 18) |
| JUST 1/1011, m. 21d |
0 |
|
|
2008-06-30 |
|
