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J.R. v. M.P.

Yearbook, 37 Henry 6, 13, pl. 3. (1459)

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J.R. v. M.P.

England and Wales Court of Common Pleas

Yearbook, 37 Henry 6, 13, pl. 3. (1459)

Facts

J. R. (plaintiff) sold certain debts, which were choses in action, to M. P. and J. B. (defendants). M. P. and J. B. gave J. R. a sealed bond for the purchase price. M. P. and J. B. then discovered that they were not able to collect on the debts because the choses in action could not vest in them. J. R. sued them, seeking the purchase price. M. P. and J. B. argued that the contract was invalid because they did not obtain anything of value. The court determined that the lack of value did not provide a legal defense. M. P. and J. B. then sought a subpoena in the chancery court, seeking relief in equity. The parties argued before both the King’s Bench and the Court of Common Pleas. The court then determined that, under equity, M. P. and J. B. should be relieved from their obligation because the subject of the contract did not have any value to them. The court ordered J. R. to bring the sealed bond into chancery to be cancelled or to grant a release to M. P. and J. B. J. R. refused, and the court found him to be in contempt and sentenced him to jail until he complied. J. R. appealed.

Rule of Law

Issue

Holding and Reasoning (Choke, J.)

Dissent (Prisot, C.J.)

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