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HILL. 29 ELIZ.
IN THE COMMON PLEAS
In an action of debt brought by the administrators of Young against Ashburnham; the defendant pleaded, nihil debet: and the enquest was taken by default. And upon the evidence given for the plaintiff, the case appeared to be this, that the said Young was an innholder in a great town in the county of Sussex where the sessions used to be holden; and that the defendant was a gentleman of quality in the country there; and he, in going to the sessions, used to lodge in the house of the said Young, and there took his lodging and his diet for himself, his servants, and horses: upon which, the debt ill demand grew: but the said Young was not at any price in certain with the defendant, nor was there ever any agreement made betwixt them for the same. It was said by Anderson, Chief Justice, that upon that matter, an action of debt did not lie. And therefore afterwards, the jury gave a verdict for the defendant.
May 21, 2013
3 Leon 161, 74 Eng Rep 606
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