Nicholas Tounesende of Helle undertook to ferry John Bukton's horse across the Humber estuary.

There was no sealed document, and under previous law it had been required to sue for breach of a covenant.

The King's Bench had travelled away from Westminster and had arrived in York.

The King's Bench held the action could rightly be brought in tort.

The claim was against the killing of the horse, and not merely the failure to transport it.