J.R. v. M.P. Brief (1459)

J.R. v. M.P.
Court of Common Pleas, 1459
Yearbook, 37 Henry 6, 13, pl. 3

Facts: Defendant purchased certain debts from J.R. (P). The obligations were choses in action,1 which were only collectable by the plaintiff, and therefore worthless the defendant. Defendant obtained an injunction against the plaintiff requiring him to either surrender their obligation or release them from it. The plaintiff refused and was jailed. Plaintiff appealed.

Issue: May a chancery court nullify an obligation in order to enforce an order?

Holding: No.

Decision: A chancery court may only imprison a person in order to force him to give up an obligation. It does not have the power to nullify an obligation.

Footnotes:


  1. Choses in action: The right to bring an action to recover a debt, money, or thing. 

Previous post:

Next post: