Michael Barry, Assignee of Daniel Bartholomew Foley, v Sir Joseph Wallace Hoare, Bart

• Jurisdiction: Ireland
• Judgment Date: 08 June 1841
• Date: 08 June 1841
• Court: Queen's Bench Division (Ireland)

Queen'sBench.

MICHAEL BARRY, Assignee of DANIEL BARTHOLOMEW FOLEY,

and

Sir JOSEPH WALLACE HOARE, Bart.

Fletcher v. PogsonENR 3 B. & C. 192.

Purdon v. Purdon 1 Hud. & B. 229.

Malcomson v. Gregory 1 Hund. & B. 14.

Henry v. Kelly 2 Hud. & B. 591.

Pearson v. Archdekin 2 H. & B. 570.

Bruce v. Cooke 1 H. & B. 318.

Blackston v. MartinENR Latch. 112; S. C., Sir W. Jones, 90.

Shrewsbury v. Lewson Cro. Eliz. 592.

Morgan v. Odlum 1 Al. & N. 300, note.

Attorney-General v. Sirr 2 Law Rec. N. S. 142.

Maguire v. Armstrong 1 H. & B. 317, note.

Anonymous 3 Law Rec. O. S. 275.

Lee v. Macarty S. & B. 96.

Hobhouse v. Hamilton 1 Sch. & L. 208.

Huthwaite v. Phaire 1 Scott's N. C. 43.

Stokes v. BateENR 5 B. & C. 498.

Pugh v. RobinsonENR 1 T. R. 117.

Kaye v. RollinENR 6 T. R. 134.

CASES AT LAW. 97 demand against the others. It is clear, therefore, that, the plea in order M. T. 1841. to amount to a bar of the plaintiff's action, ought to have averred the Queen'sBench. acceptance of the sum mentioned therein in satisfaction of the plain- SMALL tiff's demand both against Hayes and the defendant. It then appears that ' DRUMMOND. the plaintiff, instead of demurring, replied, and no doubt the replication is bad for the reasons assigned; but the demurrer must be, overruled, the first fault being in the defendant's plea. Demurrer overruled. MICHAEL BARRY, Assignee of DANIEL BARTHOLOMEW FOLEY, v. Sir JOSEPH WALLACE HOARE, Bart. " WHEREAS Daniel Foley, of the City of Cork, gentleman, in the In j:::::./a- cias at the suit " Court of his late Majesty George the Third, in Trinity Term, of the assignee of the personal "in the fifty-eighth year of the reign of the said late King, before representative "said late King, at the King's Courts Dublin, by bill without writ of of the conusee, the writ, after "said late King, and by the judgment of the said Court, did recover stating the re- "against the said Sir Joseph Wallace Hoare, Baronet, as well a certain covery of the judgment, pro " debt of £764. 19s. 8d. sterling, by the acknowledgment of the said ceeded, "And D. F. " Sir Joseph, as the 14s. 4d. of the like money, which to the said (the said conusee) is " Daniel in said Court were adjudged for his damages, which he sustained since dead, and afterwards D. "as well by reason of the detention of the said debt, as for his expenses B. F., admin- istrator of the "and costs by him laid out about his suit in that behoof, whereof the' said D. F. de " said Sir Joseph is convicted, as it appears to us of record, and which ceased, by his deed du "said debt has not yet been paid. And the said Daniel is since dead; e- cuted the ly juxedg- "and afterwards D. B. Foley, administrator of the said Daniel deceased, damages deesba ft oarned. " by his deed, duly executed the judgment debt and damages, according g 98 CASES AT LAW. "besought us for a fit remedy to be provided for him in that behalf, and "we, willing that justice be done therein, do command you, as we forÂ" merly commanded you, that by honest and lawful men of your bailiwick "you cause to be made known to the said Sir Joseph, that he be before "us at the Queen's Courts on the 15th day of April next coming, to " skew if he hath or knoweth any thing to say for himself why the said "Michael should not have his execution against him for the debt and " damages aforesaid, according to the force, form and effect of the "remedy, recovery and assignment aforesaid, if he shall see it expedient "for him ; and further to do and receive what our said Court before " us shall then and there consider in that behalf, and have you then "there the names of those whom you shall cause it to be made known "to him, and this writ. Witness, &c., at the Queen's Courts." To this writ the defendant demurred specially, and assigned the folÂlowing causes of demurrer :-" That it does not appear by the said writ " when the said Daniel Foley died, or that he died intestate or before the "execution of the said deed of assignment, nor that the said Daniel " Bartholomew Foley ever obtained letters of administration to the said "Daniel Foley, or at what time or from what Court he obtained such "letters of administration, or what sort of letters of administration he "obtained, or that he obtained them before the execution of said deed " of assignment or after the death of...