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![handle is hein.slavery/ssactsengr0915 and id is 1 raw text is: TRINITY TERM, 18 JAC. 1. IN B. R.
alledged, that this was a void publication and delivery ; for it ought to be published
and delivered at the Exchange in London, where the parties are to expect it, and not at
any other place: and for this cause it is void, and not according to the submission.-
Doderidge and Houghton were of that opinion ; for it is reason it should be published
and ready to be delivered at the places appointed where the parties are to expect it,
and not at any other place ; for the parties have not by intendment any cognizance of
such delivery; and there being a day and place appointed, they needed not to seek it
in other places, nor to take cognizance of such delivery : and as they might deliver
it at the castle at York, so they might deliver it at any parts beyond seas; and the
parties may as well take knowledge of the one as the other. But Montague, Chief
Justice, held, that this publication there, and the allegation that it was adtinc et
ibidem ready to be delivered at the said shop in the Exchange, was sufficient.
Wherefore the Court would advise.-Note, this exception was not taken in the
Common Pleas.
CASE 7. UPSHEER against BETTS.
A justification to an action for calling a man a bankrupt slave, must aver that he
was a bankrupt at the time the words were spoken. Ante, 222. Post. 676.
1 Roll. Ab. 61. Cro. Car. 317. Stra. 762. 4 Bac. Ab. 89. 517, 518.
Action on the case. Whereas the plaintiff the first of April, 17 Jac. 1. and for
divers years before, was a merchant; that the defendant the said first of April, 17
Jac. 1. spake these words of the plaintiff: He is a bankrupt slave.
The defendant justifies, because the plaittiffIthe first of April, 15 Jac. 1. became
bankrupt, and therefore he spake these words. Whereupon the plaintiff demurred :
And, without argument, it was adjudged for the plaintiff, first, that these words
are actionable ; and secondly, that the bar was insufficient, because he doth not
alledge that he continued still a bankrupt: and without averment it shall not be
intended that he continued so; for it may be that he afterward recovered himself,
and became a good merchant and no bankrupt.
[579] CASE 8. LUTTERFORD against PETER LE MAYRE.
Contracts of equal degree do not extinguish or determine each other ; and therefore
the acceptance of one bond cannot be pleaded in discharge of another. Ante, 100.
Post. 650.
1 Roll. Ab. 470. Cro. Car. 85. 6 Co. 44. Hob. 68. Cro. Eliz. 716. 817.
Cowp. 47. 1 Ter. Rep. 690.
Audita querela to avoid execution upon a judgment; and supposeth, that one John
Troughton and the plaintiff as his surety were obliged in an obligation of two hundred
pounds for the payment of one hundred pounds, which being not paid debt was
brought, and judgment had thereupon. Afterwards the said John Troughton entered
into a new bond of two hundred pounds for the payment of one hundred and ten
pounds at another day, which was in satisfaction of this judgment; which the plaintiff
accepted, and averred this to be for the same debt.-It was thereupon demurred;
and without argument adjudged for the defendant; for such bare surmise, which is
but matter of fact, is not sufficient to avoid a judgment : and being but to give
another action upon a bond is not sufficient to avoid a bond ; &t multo fortiori is not
sufficient to avoid a judgment. Vide 4 Hen. 4. Dyer, 1. 12 Hen. 4. pl.
CASE 9. ALDRiCH against WALTHALL, Administratrix of John Walthall.
If an issue be tendered by an affirmative, a joinder on it is good, although there
be no negative.
2 Roll. Rep. 186. 204. 209. Hob. 248. Wils. 6. Strange, 1177. Dougl. 60.
On a plea concluding to the country where it ought not, if the other party join issue,
and a verdict be obtained, the error is aided by 32 Hen. 8. c. 30.
Debt. The defendant pleaded plen administravit. The plaintiff saith, that at
another time he brought an action of debt against the now defendant ; whereupon she
495
CRO. JAC. 579.](ViewImageLocal?handle=hein.slavery/ssactsengr0915&div=1&collection=&method=preview&ext=.png&size=3)