Logourl black
From our private database of 14,000+ case briefs...

Read v. Coker

Common Bench
13 C.B. 850, 138 Eng. Rep. 1437 (1853)


Facts

Read (plaintiff) was a paper-stainer who rented premises from Coker (defendant). After Read fell 16 weeks behind in rent, Coker employed Holliwell to obtain the past-due amount. Because Read did not have the amount due, he suggested that Holliwell purchase most of the fixtures Read used in his trade as collateral. Holliwell agreed and subsequently sold the items to Coker. Thereafter, Read and Coker came to an agreement by which Read would be able to continue using his trade fixtures in his employment and Coker would pay Read’s rent. Coker became dissatisfied with the arrangement and ousted Read. Days later, Read came back to the premises and refused to leave when ordered by Coker. Coker and some of his workmen surrounded Read, rolled up their sleeves, and threatened to break Read’s neck if he did not leave. Fearing that the men would injure him, Read left and subsequently filed an action for assault against Coker. The trial judge left it to the jury to determine whether Coker had an intent to assault Read. The jury found for Read and Coker appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Talfourd, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (Jervis, C.J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 202,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.