[Not stated in casebook excerpt]
From C.H.S. Fifoot, History and Sources of the Common Law 324 (1949)
Roger Godemond (plaintiff) owed Alice Reme a debt of 10 marks sterling under seal. Godemond alleged that after Reme’s death, the debt was paid in full to the executors of Reme’s estate, John Hale and Thomas Plane (defendant). Godemond further claimed to have trusted that the debt was discharged and that the executors would deliver the sealed obligation upon request. Hale died, leaving Plane the only executor of the estate. Plane sued Godemond to recover the debt in the Court of Common Pleas, where a sealed obligation is considered conclusive proof of debt under the common law. Godemond then petitioned the Chancellor of England to subpoena Plane to the Court of Chancery and to enjoin Plane from attempting to collect the debt while the matter was under consideration. In answer, Plane claimed that Godemond never paid the debt and requested that the case be dismissed, with costs.
Rule of Law
Holding and Reasoning ()
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