Veale v. Warner

85 Eng. Rep. 463, 468 (1670)


Veale (P) sued Warner (D) to collect a £2,000 debt. P used the required form of pleading; D was in the custody of the marshal, and there were pledges of prosecution (John Doe and Richard Roe). P alleged that he lent D £2,000, payable on demand. P alleged that he demanded repayment from D and that D refused to repay the money. D claimed that the writing containing the obligation was submitted to arbitrators who ruled that D owed P £3,169 and that he had paid the full amount and that P shouldn't be allowed to bring this action because he had already discharged the debt. P claimed that he hadn't been paid and should be allowed to bring the action. D responded that he had a writing in which P had acknowledged that D had paid him. Each party demurred to the pleadings of the other party.