Hardy v Fothergill

JurisdictionEngland & Wales
Judgment Date12 June 1888
Judgment citation (vLex)[1888] UKHL J0612-1
CourtHouse of Lords
Date12 June 1888

[1888] UKHL J0612-1

House of Lords

Hardy and Another
and
Fothergill.
1

After hearing Counsel on Monday the 23rd day of April last, upon the Petition and Appeal of George Hardy, of Ashbourne Cottage, London Road, Croydon, in the county of Surrey, and Benjamin Buck Greene, of New Square, in the county of Middlesex, praying, That the matter of the Judgment set forth in the Schedule thereto, namely, a Judgment of Her Majesty's Court of Appeal of the 21st of March 1887, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Judgment, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of Richard Fothergill, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Judgment of Her Majesty's Court of Appeal of the 21st of March 1887, be, and the same is hereby Affirmed, and that the said Petition and Appeal be, and the same is hereby dismissed this House: And it is further Ordered, That the Appellants do pay or cause to...

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21 cases
  • Arthur Cinnamond, Continued in the Name of Helen Batty Cinnamond, His Executrix, Plaintiff; William John M'Curdy, Defendant
    • Ireland
    • King's Bench Division (Ireland)
    • 16 November 1908
    ...demand, the lessee would not be discharged from future liability where the breach of covenant was a continuing one. Hardy v. Fothergill (13 App. Cas. 351) discussed and distinguished. Motion to set aside verdict and judgment for the plaintiff, and to enter verdict and judgment for the defen......
  • Tasmania v Commonwealth
    • Australia
    • High Court
    • Invalid date
  • Re Bristol Fund
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 2 May 2008
    ...Pty. Gold Mines Ltd.UNK(1937), 59 C.L.R. 641, dictum of Dixon J., referred to. (8) Hardy v. Fothergill, [1886–90] All E.R. Rep. 597; (1888), 13 App. Cas. 351; 58 L.J.Q.B. 44; 59 L.T. 273; 4 T.L.R. 603, applied. (9) Kingston Cotton Mill Co., Re, [1896] 1 Ch. 6; (1896), 65 L.J. Ch. 145; 73 L.......
  • Ong Ah Seng v Ong Sia Leong
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1998
  • Request a trial to view additional results
1 books & journal articles
  • Insolvency Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2000, December 2000
    • 1 December 2000
    ...Act). Difficulty in accurately estimating the value of such claims is no reason for excluding them from proof (Hardy v Fothergill(1888) 13 App Cas 351). This approach may now draw some support from Buildspeed Construction, as the High Court evidently did not feel constrained in embarking on......

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