 | Thomas Platt - 1829 - 724 pages
...breach of the duty undertaken to be observed by the tenant (m). And the true test in these cases is, if the performance of the covenant be beneficial to...collateral covenant, upon which the assignee cannot sue («). The construction of the statute has occasioned some further decisions. It has been adjudged,... | |
 | 1830 - 1076 pages
...«8S, 286. (3) 4 Barn. & Aid. •.'.,i.. (4), and Sampson v. Easterly (5), establish the principle, that if the performance of the covenant be beneficial...collateral covenant, upon which the assignee cannot sue. [See the cases collected in Comyn's Landlord and Tenant, by Chi) ton, p. 259.] Trying the present case... | |
 | Richard Holmes Coote - 1840 - 838 pages
...was not bound by it, not being named. (w) The general principle to be deduced from all these cases is, that if the performance of the covenant be beneficial...collateral covenant, upon which the assignee cannot sue. (.r) Covenants affecting incorporeal hereditaments stand upon the same footing with covenants respecting... | |
 | Archibald John Stephens - 1842 - 1072 pages
...beneficial to the reversioner in respect of the lessor's demand, and to no other person, his assignee can sue upon it ; but if it be beneficial to the lessor,...collateral covenant, upon which the assignee cannot sue." (5) The statute extends to the grantee of the reversion of a subject, as well Statute extends as of... | |
 | Joseph Rockwell Swan - 1845 - 680 pages
...be collateral or not, is this: If the performance of the covenant be beneficial to the rcversioncr, in respect of the lessor's demand, and to no other...collateral covenant, upon which the assignee cannot suc. IMatt on Cov. 234; per BEST, J., 8 Eng. CL Rep. 115. (46) 8 East, 487. (47) 5 M. &. S. 411. (48)... | |
 | Conway Robinson - 1855 - 884 pages
...Arthur's adm'x, 1 Barn. & Cress. 410 ; 8 Eng. Com. Law Rep. 115. " The general principle," he states, " is, that if the performance of the covenant be beneficial...collateral covenant, upon which the assignee cannot sue." 13. Covenants which do not bind an assignee not named. The right of action of a lessor, for a breach... | |
 | Hiram Denio - 1859 - 652 pages
...the same learned judge says: "The general principle is, that if the performance of 'he covenant he beneficial to the reversioner, in respect of the lessor's...collateral covenant, upon which the assignee cannot sue." In Bally v. Wells, (3 Wilson, 25,) it is said, "There must always be a privity between the plaintiff... | |
 | Emory Washburn - 1864 - 776 pages
...lessor upon another part of the estate, [*330] in which the lessee bound his assigns, is as follows : " If the performance of the covenant be beneficial to...collateral covenant, upon which the assignee cannot sue." And in that case, as the performance of the covenant would have been beneficial to the owner of the... | |
 | Anson Bingham - 1868 - 720 pages
...estate between the covenanting parties. In Vyvyan v. Arthur, 1 Barn. & Cress. 417, it is held that " the general principle is, that if the performance...collateral covenant, upon which the assignee cannot sue." • Such is the general rule in regard to that class of covenants which are said to run with the land... | |
 | Great Britain. Court of Exchequer - 1869 - 444 pages
...performance of the covenant be beneficial to the reversioner, and to no other person, his assignee may sue on it; but if it be beneficial to the lessor, without...collateral covenant upon which the assignee cannot sue." In the present case no one, except the owner of the estate (to whom the lease reserves the game), could... | |
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The general principle is, that if the performance of the covenant be beneficial to the reversioner, in respect of the lessor's demand, and to no other person, his assignee may sue upon it ; but if it be beneficial to the lessor, without regard to his... 
