(A) contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract. 2. In general when a debt exists payable immediately, the law does not impose on the creditor to make a request of payment. But when by the express terms of a contract, a request is necessary, it must be made. And in some cases where there is no express agreement a request is also requisite; as where A sells a horse to B to be paid for on delivery, a demand or request to deliver must be made before B can sustain an action; ; or, it must be shown that A has incapacitated himself to deliver the horse because he has sold the horse to another person. On a general promise to marry, a request must be made before action, unless the proposed defendant has married another. 2 Dow. & Ry. 55. Vide Demand. 3. A request, like a notice, ought to be in writing and state distinctly what is required to be done without any ambiguous terms. (B) pleading. The statement in the plaintiff’s declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform, and for which the action is brought. 2. A request is general or special. The former is called the licet saepius requisitus, or although often requested so to do; though generally inserted in the common breach to the money counts, it is of no avail in pleading, and the omission of it will not vitiate the declaration. Whenever it is essential to the cause of action, that the plaintiff should have requested the defendant to perform his contract, such request must be stated in the declaration and proved. The special request must state by whom, and the time and place when it was made, in order that the court may judge of its sufficiency.
Law Dictionary – Alternative Legal Definition
An asking or petition; the expression of a desire to some person for something to be granted or done; particularly for the payment of a debt or performance of a contract. The two words, “request” and “require,” as used in notices to creditors to present claims against an estate, are of the same origin, and virtually synonymous. Prentice v. Whitney, 8 Hun (N. Y.) 300. In pleading. The statement In the plaintiff’s declaration that the particular payment or performance, the failure of which constitutes the cause of action, was duly requested or demanded of the defendant. Request, letters of. In English law. Many suits are brought before the Dean of the Arches as original judge, the cognizance of which properly belongs to inferior jurisdictions within the province, but in respect of which the inferior judge has waived his jurisdiction under a certain form of proceeding known in the canon law by the denomination of “letters of request.” 3 Steph. Comm. 306. Request note. In English law. A note requesting permission to remove dutiable goods from one place to another without paying the excise. Requests, courts of. See Coubts jf Requests. Special request. A request actually made, at a particular time and place. This term is used in contradistinction to a general request, which need not state the time when nor place where made. 3 Bouv. Inst no. 2843.