Colles and Others v Evanson
| Jurisdiction | England & Wales |
| Judgment Date | 19 June 1865 |
| Date | 19 June 1865 |
| Court | Court of Common Pleas |
English Reports Citation: 144 E.R. 831
IN THE COURT OF COMMON PLEAS, IN THE EXCHEQUER CHAMBER
19 C. B. (N. S.) 372. COLLES V. EVANSON 83 I [372] cases akgued and determined in thk court or common fleas, and in the exchequer chamber, in teinity vacation, in the twenty-eighth AND TWENTY-NINTH YcAKH OF THE liKIGN OF VlCTOKfA. The judges who usually sat in banco in this term were,-VViHes, !., Byles, J., and Keating, ./. colles and others v. kvanson. June 19th, 18( 5. A plea, under the 145th section of the Bankrupt Law Consolidation Act, 1849, to an action for breaches of covenants in a lease, -that the defendant (the lessee) became bankrupt, that the assignees declined to take the lease, and that, within fourteen days after notice thereof, the defendant executed a surrender (under seal), of the demised premises to the lessors, and tendered to them such surrender, and offered to deliver up the possession of the premises to them,-is bad, for not shewing the impoasibilty of a literal compliance with the conditions of tho section ; as that the lease was lost or destroyed, or the like. The first count of the declaration stated that, by an indenture of lease made between the plaintiff's of the one part, and the defendant of the other part, dated the 9th of March, 1833, the plaintiffs demised and leased to the defendant a certain dwelling-house and [373] premises, to hold for a term of 1000 years from the 25th of March, 1833, at the rent during the said term of 1001. per annum, to be paid by two equal half yearly payments of 501. each, on every 25th of March and 29th of September in each and every year during the said term, over and above all taxes, charges, and impositions whatsoever (quit-rent, and crown-rent excepted): and the defendant thereby covenanted and agreed to and with the plaintiffs that he the defendant should and would from time to time during the term thereby granted well and truly piy unto the plaintiffs, their heirs and assigns, &c., the said reserved rent of 1001. on the said days appointed for the payment thereof as before mentioned, over and above all such taxes, charges, and impositions as aforesaid; and also that he the defendant, his executors, administrators, and assigns, at their own proper costs and charges (but in the joint names of himself or themselves, and of such person as from time to time during the said tenancy they the plaintiffs, their heirs and assigns, or the majority of them, should in writing nominate and appoint, such person being one or other of the said lessors, the plaintiffs, their respective heirs or assigns), should forthwith effect, and thenceforth from time to time and at all times during the continuance of the said term maintain, with the Globe Insurance Company, or any other insurance company to be approved of by the consent in writing first obtained of the majority of them the plaintiffs, their heirs and assigns, some one of the insurance companies having an office in the city of Dublin, as long as there should be such, to be preferred, a policy of insurance whereby and wherein the said thereby demised house, together with all buildings and other insurable erections then or thereafter p,bout to be thereunto added so as to form connected parts thereof, might and should [374] be insured against any loss by the casualties of fire, to the amount of [5001. at the least, and wherein and whereby the said thereby demised coach-house, stable, and detached offices, together with all buildings and other insurable erections then or thereafter about to be thereunto added, so as to form connected parts thereof, might and should in like manner be insured against any loss by the casualties of tiro to the amount of 2001., both insurances together amounting to the sum of 17001.; and in case that lie the defendant, his executors, administrators, and assigns, should leave unpaid the annual sum or other premium necessary to maintain such insurance as aforesaid for the space of twenty-four hours, to be computed, &c., or should not from time to time at the request of them the plaintiffs, their heirs and assigns, produce a receipt or other voucher for the payment of such insurance for the then current year, then it should be lawful for them or any of them the plaintiff's, their heirs or assigns, to pay the same to the insurance company aforesaid, or to any other insurance company as aforesaid, and forthwith double the amount of such insurance premium so to be paid to have, recover, and receive (with all costs consequent upon such payment as aforesaid), of and from him the defendant, his executors and assigns: Aver- OOLL,ES 1). EVANSON 19 C. B. (K. S.) 375. ment, that, although the plaintiff's...
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