Gainsford v Griffith
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 59
COURT OF KING'S BENCH
de term. pasch^e, anno regni regis car. II. 19. [51] 9. GAINSFORD VWSUS GRIFFITH. Trin. 19 Car. II. Reg. Roll 546. London, to wit,-Be it remembered that heretofore, to wit, in Easter term last past, before our lord the King at Westminster, came George Gainsford, by James Lane his attorney, and brought here into the Court of our said lord the King, then there, his certain bill against David Griffith, otherwise called David Griffith, of Westminster, in the county of Middlesex, victualler, in the custody of the marshal, &c. of a plea of debt, and there are pledges of prosecution, to wit, John Doe and Richard Roe, which said bill follows in these words, to wit: George Gainsford complains of David Griffith, otherwise called David Griffith, of Westminster, in the county of Middlesex, victualler, being in the custody of the marshal of the Marshalsea of our lord the King, before the King himself, of a plea that he render to him 1001. of lawful money of England, which he owes to, and unjustly detains from, him ; for that whereas the said David, on the 18th day of October, in the 16th year of the reign of our said lord the now King, at London aforesaid, to wit, in the parish of St. Mary le Bow, in the ward of Cheap, by his certain writing obligatory sealed with the seal of the said David, and to the Court of our said lord the King now here shewn, the date whereof is the same day and year, acknowledged himself to be held and firmly bound to the said George in the said 1001. to be paid to the said George when he should be thereunto requested ; yet the said David (although often requested) has not yet paid the said 1001. to [52] the said George, but to pay the same to him has hitherto altogether refused, and still refuses, to the damage of the said George of 401., and therefore he brings his suit, &c. And now at this day, to wit, Friday next after the morrow of the Holy Trinity in this same term, until which day the said David had leave to imparl to the said bill, and then to answer, &e. before our lord the King at Westminster, comes as well the said George by his said attorney, as the said David Griffith, by Thomas Aram, his attorney; and the said David defends the wrong and injury when, &c. and prays oyer of the said writing obligatory, and it is read to him, &c.; he also prays oyer of the condition of the said writing obligatory, and it is read to him in these words, to wit, " The condition of this obligation is such, that if the above bounden David Griffith, his executors, administrators, or assigns, or any or either of them, do and shall in all things well and truly pay, observe, perform, fulfil and keep all and singular the payments, covenants, conditions, and agreements, which on his and their parts and behalfs are and ought to be paid, observed, performed, fulfilled, and kept in manner and form as they are mentioned and expressed in a certain pair of indentures of assignment, bearing date with the date above written, made, between the above bounden David Griffith of the one part, and the above-named George Gainsford of the other part, according to the true intent and meaning of the same indentures; then this obligation to be void and of none effect, or else to stand, remain, and be in full force and virtue." Which being read and heard, the said David says, that the said George ought not to have or maintain his said action thereof against him, because he says that the said indenture, in the said condition above specified, was made at the S iriah of St. Mary le Bow, in the ward of Cheap, London, on the 18th day of ctober, in the 16th year of the reign of our Lord Charles the Second, now King of England, between him the said David Griffith, by the name of David Griffith of the parish of St. Margaret in Westminster, in the county of Middlesex, citizen and grocer 60 GAINSFORD V. GRIFFITH 1 WMS. SAUND. 53. of London, of the one part, and the said George Gainsford, of Westminster aforesaid, gent of the other part, (which other part, sealed with the seal of the said George, he the said David brings here into Court, the date whereof is the day and year aforesaid), in which said indenture it is recited as follows: that R. Pagettur, of Westminster aforesaid, gent, by his indenture of demise, bearing date the 20th day of January, in the 14th year of the reign of our Lord Charles the Second, now King of England, &c. for the consideration mentioned in the same indenture, demised, granted, and to farm let, to the said David Griffith all that messuage [53] or tenement commonly called or known by the name or sign of the White Lion, being late parcel of a capital messuage commonly called or known by the name or sign of the George, situate, lying, and being on the west side of King-Street, in the parish of St. Margaret, in Westminster aforesaid, and then in the tenure or occupation of Richard Bromhale or his assigns : together with all shops, cellar's, sollars, chambers, rooms, lights, easements, ways, water-courses, profits, commodities, advantages, and appurtenances whatsoever, to the said demised messuage or tenement belonging, or in any ways appertaining, and then used, occupied, or enjoyed to and with the same : to have and to hold the said messuage or tenement, and all and singular the premises let by the said indenture of demise, to the said David Griffith, his executors, administrators, and assigns, from the Feast of St. Michael the Archangel then last past before the date of the said indenture, unto the full end and term of twenty-one years then next ensuing, and fully to be complete and ended, at and under the yearly rent of 221. of lawful money of England, payable at the four usual feasts or terms in the year, that is to say, Christmas, Lady-Day, St. John the Baptist, and Michaelmas, by even and equal portions, and upon and under several other covenants, conditions, and agreements, contained in the said indenture, as by the said recited indenture of demise (relation being thereunto had) does more fully and at large appear. And Nicholas Townly, Esquire, chief lord of the fee or fees of the premises, by an indorsement under his hand upon the back of the said recited indenture of demise, ratified and confirmed the said indenture of demise and grant made by the said Richard Pagettur to the said David Griffith at and under the rent and covenants contained in the said indenture, as by the said indorsement more fully and at large appears. And the said first above-mentioned indenture of assignment witnessed, that the said David, for and in consideration of the sum of 281. of lawful money of England, to the said David in hand paid by the said George Gainsford, before the sealing and delivery of the said indenture of assignment before mentioned, the receipt whereof he the said David, by the said indenture above-mentioned, acknowledged, and from every part or parcel thereof clearly acquitted, discharged, and released the said George Gainsford, his executors, administrators, and assigns, by the said above-mentioned indenture of assignment, did give, grant, bargain, sell, [54] assign, and set over to the said George Gainsford, as well the said messuage or tenement, and premises, as the said recited indenture of demise, and all the estate, right, title, interest, possession, term of years then to come, claims and demands whatsoever, which the said David Griffith then had or could, or in any manner ought to have or claim, of, in, and to the said messuage, or tenement, and premises, with the appurtenances, and every part and parcel thereof, by force and virtue of the said indenture of demise, or the indorsement thereon, or in any way whatsoever; to have and to hold the messuage or tenement, and the premises, with the appurtenances, and the said recited indenture of demise, and all the estate, right, title, interest, term of years to oome, and all other the estate of the said David Griffith, of, in, and to the same, and every part or parcel thereof, to the said George Gainsford, his executors, administrators, and assigns, from the day of the date of the said above-recited indenture of assignment, for and during all the rest and residue of the said term of twenty-one years demised and granted in and by the said indenture, and then to come and unexpired, in as large, ample, and beneficial a manner, to all intents, constructions, and purposes, as the said David Griffith then had or could, or in any manner ought to have and enjoy the same by force and virtue of the said recited indenture of demise, or in any other manner whatsoever. And the said David Griffith, for himself, his executors, and administrators, did covenant, promise, and grant, to and with the said George Gainsford, his executors, administrators, and assigns, by the above-mentioned indenture of assign- 1 VMS. 8A0ND. S3. PASCHvE, 19 CAB. II. REGIS 61 raent, that the said recited indenture of demise, at the time of the sealing and delivery of the said before-mentioned indenture of assignment, was a good, sure, perfect, and indefeasible lease in law of the said messuage or tenement, and premises, demised by the said indenture of lease, and should so stand, remain, continue, and be to the said George Gainsford, his executors, administrators, and assigns, for and during all the remainder and residue of the said term of twenty-one years granted by the said indenture of demise, and then to come and unexpired, under the rent and covenants mentioned and contained in the aaid indenture of demise : and that he the said George Gainsford, his executors, administrators, and assigns, should lawfully, peaceably, and quietly have, hold, possess, and enjoy the said above-mentioned messuage or tenement, lease, and premises, and every part thereof, with the appurtenances, for and dut'ing the rest, remainder, and uum-[65]-ber of years then to come and unexpired of the said term granted in and by the indenture of...
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