and performance generally. Replication, did not discharge plaintiff of a for- feiture of recognizance purfuant to the award. Rejoinder, that he did, and fhows how, Her. 305.
(See Plea to Bonds, poft.)
Plea by acquittance, mentioning that the bill could not be found, and averment that it is the fame bill. Replication, non eft fatum, Bro. R. 201.
Plea, judgment recovered in C. B. removed into B. R. by writ of error, and there remains unreverfed, 2. Mo. Intr. 257.
Plea, judgment recovered in the court (de giippo), Clif. 186. Replication, al tiel record, Ibid. 187. To two bills of fame date, per minas, Her. 301. Pl, Gen. 234. Cl. AS. 72. Tko. 424.
On bill, per minas. Replication, voluntarily, Pl. Gen. 343. Br. R. 172. Cl. A§. 72. 313. Bro. Fad. 501
Plea of infancy to debt on bill, 1. Br. 88. Wilk. 270. Ma. Intr. 187.
Plea of infancy concluding to the country to mutuatus, on bill. Replication, that defendant was indebted to plaintiff in money for medicine,, and made his bill to fecure payment. Rejoinder, that he was not indebted for medicines, Afb. 242. That after delivery of the bill the plaintiff interlined these words, &c. Bro. 199, Mo. Intr. 190. Pl. Gen. 159.
That bill was a new writing and interlined in thefe words, Wilk. 277. By de- livery and interlineation in an indorsement of a writing, 3. Br. 135.
Plea, that he acknowledged himself to owe M. eighteen pounds and M. in his lifetime after delivery, erafed the bill and put the letter L behind the letter X, and fo made the fum LXVIII. Replication, traverses that M. erased the bill after delivery, Mo. Intr. 189. Bro. R. 260.
Plea, that he agreed to make the bill with a condition, Ra. Ent. 180. Vet. Intr 17. 42. Pl. Gen. 260.
Plea, defeafance, that if plaintiff or any other fhould fue defendant, by which de- fendant fhould be put to prove that he was not concerned with one E. bill to be void, and shows a fuit was brought in chancery against him by E. but does not fhew in his own plea that plaintiff fues on the bill in defeasance mentioned, Wi, Ent. 237.
Plea, payment, to bill, at the day, Cl. Man. 259. Bro. Vad. 213.
Plea, a due compofition, by which defendant and other creditors granted to accept feven fhillings in the pound, and give a releafe on payment thereof, Defendant tendered the money which plaintiff refused, 1. Bro. 190.
Plea, after bill given defendant and other creditors gave him a letter of licence for three years, and granted that if any of them fhould fue or molett defendant and not releafe him within one day after request, that then the deed should be con- fidered a releafe, 9 hp. 169. Clif. #47.
Plea, that on account defendant was indebted to plaintiff in thirty-two pounds, be- fides eighty pounds on bill, and it was agreed between the parties that defend- ant fhould enter into a recognizance, in nature of ftatute ftaple, for payment of both on a certain day, which he did, and plaintiff accepted and defendant after- wards paid. Demurrer, Wi. Ent. 171.
Plea (bill, if plaintif fhould not confider a good title to two acres of meadow be- fore a certain feast day), that defendant, before the feaft, enfeoffed plaintiff of the meadow, and plaintiff confidered that the title was good, Pl. Gen. 254. Plea (to bill for payment of money when God fhould enable him, that it is not in his power to pay, Afb. 202.
Flea (to bill for payment of five pounds if he should go or run with a certain num ber days and hours from one place to another), that he did not go, 3. Br.
Plea (to bill for payment of foreign money), that he was ready on the maket day to pay English money to the value if plaintiff had been there, and would deliver the bill, and traverse that the foreign inoney amounted to the fum in the declaration, and iffue, Ra. Ent. 158.
Plea to bill, payment on the day; to emiffet, nil debet per legem on the day,
BONDS for PAYMENT of MONEY. (31) Plea-By the Parties themselves. (32)
(See Executors and Administrators, Heirs and Devisees, Pleas by, post.)
Set off. Release. Payment. Durefs. Bankruptcy.
400. Plea, non eft factum, fet off, and releafe, to debt on bond for payment of money. Replication; demurrer. 405. Plea, craving oyer of the bond, which is with a fpecial condition to maintain and inftruct plaintiff during her infancy till marriage, and then to pay two hun- dred and fifty pounds, and folvit poft diem, according to the ftatute. Replication; rejoinder, 436. Plea, that one L. M. and one R. M. joined with de- fendant, and after paid the money (to debt on bond by American loyalists), plaintiff and defendant fued here feparately. Replication; rojoinder; furre- joinder; rebutter; demurrer to rebutter. 489. Plea of jet off to an action upon a bond or indenture. 490. Plea, that defendant, after making the bond, and after the fame became forfeited, add after cause of action accrued, became bankrupt.
997. Plea of dures to debt on bond. Replication, that he was at large and voluntary.
398. Plea in abatement to a debt on bond, that two were jointly bound, and only one named in the writ and declaration.
420. Plea to debt on bond, that the money due on the bond was lent to a third person, and the bond made to the plaintiff as his truftees, that the is dead, and indebt-
ed to the defendant in more than the amount which he offers to et f
430. Plea of man et is cum : baza in plaintiff.
432. Plea to feat on on; 1. von if fatum; zd, over of bond and condition, which was given to plaintiff in confideratun he would live in fornication with
Flea General Influes. Pirment. Durefs. Efcrow. Performance. Refignation Bonds. Set off.
Nil debet, and mom detint,
PRECEDENTS in Books of PRACTICE, REPORTERS, &c. 1. R. Pr. B. R. 173
Payment according to ftatute. Replication,
Nul tiel record, replication, and ifïue,
Payment to a bill obligatory, according to the fatute, Solvit ad diem to a bond. Replication, non jobuit, Plea, folvit ad diem, and fluit poft diem,
Ples of dures. Replication, that defendant defrauded plain- tiff of his goods, and being in custody for the fame, vo- luntarily made and executed the writing-obligatory, with the faid condition for the payment of the value of the goods. Rejoinder, that defendant made and delivered the writing-obligatory by durefs of imprisonment, Replication to a plea of durefs, that defendant was at liberty, and of his own free will made and delivered said writing- obligatory.
Plea, (to debt on bond, for non payment of feveral bills of exchange, conditioned to be paid with intereft from the day of the date, by way of penalty, if the faid bills were protefted) that before fuing forth the original writ, the defendant, upon producing fuch bill with the protest, did well and truly pay, &c. together with intereft from the day of the date, &c. and that the bills were never pre- fented for acceptance. Replication, that bills were pre- fented, and protefted for non-payment, and iffue. Sug- geftion entered that faid feveral bills were not duly paid, and that the bills were duly prefented and protested for non payment,
Plea to an action of debt on bond, with condition to furren- der copyhold lands, that copyhold was furrendered, and that I. afterwards held them without any interruption from defendant. Replication, that the eftates were furrendered
to the ufe of plaintiff for life, remainder to L. S. and Jane his wife, and that Jane entered into her eftate for life. Demurrer, and joinder.
Plea to debt on bond, non eft factum, and tender as to part, Plea of durefs of imprisonment,
Plea to debt on bond, that obligor was non compos mentis. Replication thereto,
Plea, delivered as an efcrow upon condition. Demurrer thereto, with causes,
Plea (to debt on bond, given by an incumbent to the patron on prefentation to refide on the living, or to refign if he did not return to it after notice, and not to commit wafte, &c.) 1ft, that he had refided at the curacy house, and had not committed or fuffered waste; 2d, that after appointment, he had a general licence to refide eife where. Replication, ift, that the defendant voluntarily abfented himfelf, and that plaintiff gave him notice to refign; 2d, that plaintiff countermanded the licence. Demurrer, and joinder, Plea to debt on bond, given in purfuance of 4. Geo. 3. c. 33. where the furety was under terms by a judge's order to plead iffuably, that error was depending in an action against the principal, a trader having privilege of parlia-
Plea of dures to debt on bond,
PRECEDENTS in Books of PRACTICE, REPORTERS, &C.
Plea of payment by one before day, to debt on bond. Spe- cial demurrer thereto for not pleading it as a payment on the day, the other being matter of evidence only to prove that iffue, and for that plea is not issuable, Plea of duress of imprisonment to a bond, Plea to debt on bond, given by a member of Gray's inn, for the benefit of the Society upon his admiffion. Con- ditions performed. Replication fpecial, and fhews breach, not paying his penfions. Demmurrer. Judgment for plain- tiff, Plea to debt on bond, by husband and wife, that by articles of agreement between the wife, her fifter, and the defen- dant, the intereft of the money was to be paid to one of the fifter's, upon an event which had happened, Plea to debt on bond, that there was justly due to plaintiff the fum of and no more, and fet off. Replica- tion, that there is juftly due and owing a larger fum. Demurrer,
Plea of fet off on a bond from a bankrupt to defendant, to an action brought by his affignees,
Plea to debt on bond, that it was given before the indepen- dence of America, that defendants estate both real and perfonal was confifcated, as being an enemy, and subject to the payment of his debts. Replication, that at the time the bond was given, the State of New York, where the bond was given, was not one of the United States, but
2. Mod. Ent. 231 5. T. R. 47 Pl. Aff. 452
2. H. Bl. Rep. 372
1. R. P. C. B. 164
Lill. Ent. 128 Pl. Aff. 452
was one of his majesty's colonies in open rebellion. Re- joinder, that at the treaty of peace with the Americans all confifcations were made valid, and that the States of America exercife legiflation and government independent of the government of this country, and that the law of confifcation is ftill in force,
Plea of fet off to debt on bond, for payment of wheat, and other goods. Replication, not indebted, Plea to debt on bond against defendant, whom plaintiff took as a furgeon affiftant, with condition not to exercise the profeffion within certain limits, that without any miscon- duct in defendant, plaintiff difmiffed defendant, that de fendant lawfully ferved an apprenticeship, wherefore he practifed, &c. and that the agreement was void in law. Replication, that defendant was guilty of misconduct, for which he was difmiffed. Special demurrer, with causes,
Plea to debt on bond, with confideration that obligee would take obligor into her service, if defendant would not exer- cife the trade within half a mile of Drury-lane, or affist or inftruct any other perfon; that she did not carry on the trade wiahin half a mile, &c. Replication, that the in- ftructed one D. to exercise said trade within half a mile,
PRECEDENTS Books of PRACTICE, REPORTERS, &c.
Plea, prior action brought in C. B. for the fame debt, to an action brought in B. R. Replication, nul tiel record. Re- joinder and iffue,
Plea of payment after the dry, to debt on bond, by the wife of the obligor, deceased,
Similar plea to debt on bond and bili, Cl. 4. 150.
Plea, payment on the day. Replication, and iffue, Cl. Man. 250.
Plea, that the principal perfon paid the firft and second payment, and third is not due. Replication, iflue on the first, Bro. Vad. 177, 221.
Plea, that plaintiff levied debt and damages by feire facias, Clift. 147.
Plea, that money and salt in conditioned mentioned were delivered, 1. Br. 83. 3. Br. 116.
That defendant delivered the barley on the feveral days in the condition mentioned. Replication, did not deliver one quarter on a day certain. Rejoinder, and issue, 2. Br. 110.
Plea, that defendant paid and delivered money in condition mentioned, Bro. R.
Plea, delivery of four quarters of oats, and ten of barley, and paid the money be- tween the feaft of M. and N. Replication and iffue, that he did not deliver, Br. R. 192.
Non eft factum to bond, wager of law to emiffet which defendant perfected, 44t.
That there was a defeafance for payment of money at feveral times, and that he paid, &c. Replication, did not pay on that day, and iffue, Ra. Ent. 18. Vet:
« ForrigeFortsett » |