Godemond's Case

Roger Godemond (plaintiff) owed Alice Reme 10 marks sterling under a sealed obligation, and claimed that after Reme's death he paid the debt in full to her executors, John Hale and Thomas Plane (defendant), trusting that the debt was thereby discharged and that the executors would return the sealed document upon request. After Hale died, leaving Plane the sole executor, Plane sued Godemond at common law to recover the debt, where a sealed obligation was treated as conclusive proof of the debt regardless of contrary evidence; Godemond petitioned the Chancellor of England to subpoena Plane into the Court of Chancery and enjoin collection while the matter was reviewed in equity, and Plane responded that the debt had never actually been paid, seeking dismissal with costs.