TOMLINSON
V.
GILL

(1756) JELR 80184 (CD)    
Chancery Division  ·  13 Nov 1756 ·  United Kingdom
 · 
Other Citations
(1756) AMB 330
CORAM
Lord Hardwicke, Chancellor
Core Terms Beta
promise
bill
court
defendant
estate
widow
account
administration
answer
debts
distinction
personal estate
plaintiff
relief
robert gill
account of debts
authority of this case
benefit of the creditors
chancellor
common case of a bill
complete satisfaction
decree
defendant catherine gilt
defendant robert gill
defendants
due course of administration
eden
first branch
foot of the original contract
gilt
joint administration
judgment of the court
letters of administration
lord hardwicke
lord northington
lord raym
modern determinations
much money
original debt
pari passu
robert gilt
second branch of that clause
sheffield
simple contract creditors
sir william grant
specialty creditor
such agreements
such occasions
such personal estate
suits

Lord Hardwicke, Chancellor(reading the judgment of the court)

There are two Questions : 1st, On the right ; 2d, On the remedy. The bill is founded on an argument, which is not unusual where there is a contest about obtaining administration. It is not uncommon, upon such occasions, for the simple contract creditors to agree, that administration shall be granted to a specialty creditor, upon terms of his agreeing to pay the debts equally and pari passu. Such agreements are seldom put into writing.

I am of. opinion, this is not within the statute of frauds. It is not within the first branch of the-section ; for Gilt was not administrator at the time of making the promise ; and it is no answer to say, that he was administrator afterwards. It is not within the second branch of that clause : the modern determinations have made a distinction between a promise to pay the original debt, and on the foot of the original contract,and where it is on a new consideration. The distinction taken in Buck…

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