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Veale v. Warner

Court of King's Bench

85 Eng. Rep. 463, 468 (1670)

Relevant factsFree

Veale (plaintiff) sued Warner (defendant), claiming he loaned Warner £2,000 that was never repaid. Warner defended on the ground that an arbitrator had already awarded Veale £3,169 and that Warner had already paid that full amount, releasing him from further liability; Veale denied Warner had actually paid that amount and moved for judgment. Warner then shifted his argument, contending the arbitrator's award was void entirely, meaning it didn't matter whether he had paid it or not, even though he still maintained he had paid it. In response, Veale admitted the existence of the prior arbitrator's award.

IssueFree

Whether a party is entitled to judgment even if it tricked the other party into making a pleading.

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