Collins against Rybot
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 170 E.R. 311
IN THE KING'S BENCH
[157] in the king's bench , in trinity term, 34 qeoroe TTT [1794]. First Sittings in Term, at Gkuldhall collins against rybot (In debt on bond for the performance of covenants in a lease, judgment and suggestion of damages to be assessed on the writ of enquiry, the lease need not be proved ) This was an action of debt on bond The defendant craved oyer, and set out the bond and condition, which appeared to be for the performance of covenants in an indenture of lease therein mentioned, between the plaintiff and a third perbon , he then pleaded a sham plea of judgment *1 Vide Drake v. 8yk& , Bos. 7 T. R 113. *2 Vide ante, 143, Waldndge v. Kennison et Cas. ibid. 312 KNOX V. WHALLEY 1 ESP. 168. recovered, to which was the common replicatiou of itul ticl record Demurrer and judgment for the plaintiff Under statute 8 & 9 Will III c 10, the plaintiff suggested a breach of covenant in the indenture of lease referred to in the condition of the bond, which was nonpayment of rent by that third person, upon which a writ of inquiry issued, under the [158] statute, in order that the jury might assess the damages really sustained This writ of inquiry is under the stat to be executed before the Judge of assize or Nisi Prius, and now stood m Lord Kenyon's paper for trial...
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