Davies against Stacey and Parry
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1840 |
| Date | 01 January 1840 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 904
IN THE COURT OF QUEEN'S BENCH.
S. C. 4 P. & D. 157; 9 L. J. Q. B. 393.
[506] davies against stagey and parry. 1840. Avowry for rent due on a demise at 401. per annum. Pleas in bar, 1. Non tenuit modo et forma; 2. As to a part of the rent, that it was not due. Plaintiff bfeld under a lease, reserving 401. per annum in the body thereof; but, before the lease was executed, the following words were added, between which and the body of the lease the signatures were written. "The allowance of the road to the Six Bella' Yard to be made as usual." It had been usual for the lessor to allow the lessee 51. per annum for ao much annually paid by the lessee to a third party for the use of such road to the demised premises. Held, that this did not reduce the reservation to 351. per annum, ao as to entitle plaintiff to a verdict on the plea of non tenuit. Quaere, whether a payment made under this memorandum would have been evidence under the plea of riens in arrere. [S. C. 4 P. & D. 157 ; 9 L. J. Q. B. 393.] Beplerin for goods taken in a dwelling house. Avowry for Stacey, and cognizance by Parry, alleging that the goods were taken as a distress for half a year's rent due 25th March 1837, from plaintiff to Stacey, for the dwelling house, held by plaintiff aa tenant to Stacey, by virtue of a demise thereof to plaintiff at the yearly rent of 401. Pleas in bar: 1. That plaintiff did not hold as tenant to Stacey, modo et forma: conclusion to the country. Isaue thereon. 2. As to 21. 10s., parcel, &c., that no part thereof was due from plaintiff to defendant at the time, &c.: conclusion to the country. Issue thereon. 3. Aa to 171. 10s., residue, &c., tender and refusal, and no demand since : verification. Replication, denying the tender. Issue thereon. On the trial before G-urney B., at the Summer Assizes for Carmarthenshire 1838, 18 AD. &E. 807, DA VIES V. STACEY 905 a lease was put in for the defendants, dated 20th October 1828, made by Sir William de Crespigny (through whom Staeey claimed the reversion), to plaintiff, of the dwelling house at 401. per annum. The lease was signed by Sir William de Crespigny and plaintiff: but, under the signatures, were written the following words. " The allowance of the road to the Six Bells' Yard to be made as usual." The jury found that these words were inserted before either [507] party executed the lease. It further appeared that, before the lease was made, the...
To continue reading
Request your trial
-
Turner v Davies
...the rent, but is a covenant for allowance. Yelv. 42, 47, Chambers v. Mason. Cro. Jac. 34, Mason v. Chambers. Com. Dig. tit. Rent. (C. 3). 12 A. & E. 506, Davies v. Rkuxy. 4 P. & D. 157, S. C.] (k) [So a covenant by A. not to sue H. for any debt due from him to A. cannot be pleaded in bar of......
-
Wheeler against Branscombe
...the tenancy to the mortgagor; and, if the mortgagee had distrained, he must have made cogniz- (e) 9 A, & E. 809. See Dairies v. Stacey, 12 A. & E. 506. (d) 4 B. & C. 163. It was there said that, to give the right of action, the debt to-the assignee from the party assigning must be extinguis......
-
Jones v Morris and Another
...hooks state that, under these circumstances!, a special plea is usual and proper J Stark E\id 974, Koscoe's Evid 457 Daiiet, \ Stacey (12 A & E 506) and Hoodie v (Jambeil (7 M & G- 386) are also authorities in favour of this mode of pleading Lush replied Cur adv vult The judgment of the Cou......
-
J. Condon, Appellant; J. Haynes, Respondent
...J. HAYNES, Respondent. Yielding v. Cavendish 2 Fur. Lan. & Ten., App., p. 1279. Mason v. ChambersENR Cro. Jac. 34. Davies v. Stacey 12 A. & E. 506. Gerrard v. Oƒ€™ReillyUNK 3 D. & War. 414. Lord Ashtown v. White 11 Ir. Law Rep. 400. Bowas v. Nixon 12 Q. B. 546. Hume v. KentU......