Godemond’s Case C.H.S. Fifoot, History And Sources Of The Common Law

324 (1949)

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Nature of the Case

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Facts

Godemond (P) owed Alice Reme an obligation of 10 marks sterling payable at a certain day under a sealed obligation. Alice Reme made her executors John Hale and Thomas Plane (D). Alice died and after her death P claims that he paid in full the debt owed to Alice to the executors of her estate. P also states that he trusted the executors would discharge the debt and would deliver the sealed obligation upon request. Hale died. D sued P for the debt in the Court of Common Pleas. In that court, a sealed obligation is conclusive proof of debt under the common law. P petitioned the Chancellor of England to subpoena D to the Court of Chancery and to enjoin D from attempting to collect the debt while the matter was under consideration. D claimed D never paid the debt and moved to dismiss the case, with costs.