City of London v Richmond et Al

JurisdictionEngland & Wales
Judgment Date16 May 1701
Date16 May 1701
CourtHigh Court of Chancery

English Reports Citation: 23 E.R. 870

LORD KEEPER.

City of London
and
Richmond & Al'

Case 384.-city of london versus richmond & Al'. Lord Keeper. May 16 [1701]. Pre. Ch. 156, S. C. Equity will decree an assignment of a lease to pay the rent become due, since his assignment, and which shall become due, whilst he continues in the possession, but not during the continuance of the lease ; for he may, if he can, get rid of the lease by assigning it to another. The Oity of London articled with Aldersea to lay a new leaden pipe of five inches diameter for the carrying of water to Cheapside and Stocks-Market, which it was affirmed would carry twenty tun of water each hour; and whilst this was doing, the City by a committee treat with Houghton to grant him a lease of the water, reserving sufficient [422] to serve the conduits and prisons with water, and he agreed to pay a fine of 2 750 and a rent of 750 per ann. for fifteen years; and a lease was made accordingly. Houghton the lessee assigns over the lease to the defendants Richmond, Delanoy, Glover, and Bowater but it did not appear that Glover and Sowater accepted the assignment. The assignment was in trust for such person as should buy shares, the whole being divided into 900 shares, valued at 10 each share. It so fell out that the pipe would not discharge above six tun per hour, and so instead of being a beneficial concern it would not produce, after the conduits, prisons, and tankard-bearers were served, above the 300 per ann. Houghton became insolvent, and the rent in arrear. The bill was brought against Richmond and others the assignees of the lease, as also against several who had bought shares, to have the arrear of rent paid, and the growing rent, and the performance of the covenants in the lease. It was objected that the plaintiffs had not proper parties, for Houghton the lessee, who had assigned over, was liable, and no party; and the plaintiffs had not all the owners of shares, that ought to contribute to the rent, before the Court. The first part of the objection was allowed that Houghton ought to be a party; but as to the 2 VEEN. 423. JACKSON V. FARBANB 871 latter part, that all the sharers were not parties, was disallowed; the assignees by dividing of it into so many shares, had made it impracticable to have them all before the court.(l) Secondly, That the defendants as assignees, if liable, were liable at law, and the plaintiffs ought to take their remedy there ; and no good ground to decree...

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3 cases
  • Keppell v Bailey
    • United Kingdom
    • High Court of Chancery
    • 29 January 1834
    ...3 Atk., 83 ; Treatise of Equity, 1046 KEPPELL V. BAILEY 2 MY. 4 K. 578. B. I. ch. 5, s. 4; City of London v. Richmond, P. Ch., 156; S. C. 2 Vern., 421 ; aud on appeal, 1 Bro. P. C., 516, Toml. ed.; [527] Collins v. Plumb, 16 Ves., 454; Third Keport of the Eeal Property Commissioners; Barcla......
  • Western Canadian Shopping Centres Inc. et al. v. Dutton et al., (2001) 286 A.R. 201 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 13 December 2000
    ...refd to. [para. 17]. Chancey v. May (1722), Prec. Ch. 592; 2 E.R. 265, refd to. [para. 20]. London (City) v. Richmond (1701), 2 Vern. 421; 23 E.R. 870, refd to. [para. 21]. Wallworth v. Holt (1841), 4 My. & Cr. 619; 41 E.R. 238, refd to. [para. 23]. Duke of Bedford v. Ellis, [1901] A.C.......
  • City of London v Richmond, Adersey, et Al
    • United Kingdom
    • High Court of Chancery
    • 1 January 1722
    ...and Richmond, Adersey, & al' PEEO. CH. 157. CITY OF LONDON V. RICHMOND 7 5 Case 131.-city of london versus richmond, adersey, & al'. 2 Vern. 421, S. C.; 5 Coke, 16; 2 Eq. Cases, 86, ca. 6, S. C.; Viner, vol. 6, 250, pi. 15; 1 Vezey, 56. Assignee of a personal contract for a liberty of bring......
14 books & journal articles
  • Foreword
    • Canada
    • Irwin Books The Canadian Class Action Review No. 14-1, December 2018
    • 1 December 2018
    ...Brown v Booth (1690), 121 ER 960, both cited in Kazanjian, ibid at 402.  8 Kazanjian, ibid at 401. See also City of London v Richmond (1701), 23 ER 870, and Chancey v May (1722), 24 ER 265, both cited in Kazanjian, ibid at 402. 3 Class Actions in England, North America, and It was considere......
  • Acknowledgements
    • Canada
    • Irwin Books The Canadian Class Action Review No. 14-1, December 2018
    • 1 December 2018
    ...Brown v Booth (1690), 121 ER 960, both cited in Kazanjian, ibid at 402.  8 Kazanjian, ibid at 401. See also City of London v Richmond (1701), 23 ER 870, and Chancey v May (1722), 24 ER 265, both cited in Kazanjian, ibid at 402. 3 Class Actions in England, North America, and It was considere......
  • Overview
    • Canada
    • Irwin Books The Canadian Class Action Review No. 14-1, December 2018
    • 1 December 2018
    ...Brown v Booth (1690), 121 ER 960, both cited in Kazanjian, ibid at 402.  8 Kazanjian, ibid at 401. See also City of London v Richmond (1701), 23 ER 870, and Chancey v May (1722), 24 ER 265, both cited in Kazanjian, ibid at 402. 3 Class Actions in England, North America, and It was considere......
  • Class Actions in England, North America, and Australia
    • Canada
    • Irwin Books The Canadian Class Action Review No. 14-1, December 2018
    • 1 December 2018
    ...Brown v Booth (1690), 121 ER 960, both cited in Kazanjian, ibid at 402.  8 Kazanjian, ibid at 401. See also City of London v Richmond (1701), 23 ER 870, and Chancey v May (1722), 24 ER 265, both cited in Kazanjian, ibid at 402. 3 Class Actions in England, North America, and It was considere......
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