Hickman v Machin
| Jurisdiction | England & Wales |
| Court | Exchequer |
| Judgment Date | 02 June 1859 |
| Date | 02 June 1859 |
English Reports Citation: 157 E.R. 1023
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 28 L. J. Ex. 310; 5 Jur. (N. S.) 576. Referred to, Underhay v. Read,
1887, 20 Q. B. D 220.
hickmaist v. machin. June 2, 1859.-In 1856, B., a mortgagor in possession, agreed that he and all necessary parties would execute, and the defendant agreed to take, a lease of certain premises; the defendant, until the lease should be granted, to have the use and occupation thereof as tenant from year to year. There was a provision for payment of costs of B. and the mortgagees. The mortgagees assented to the agreement though they were not parties to it. The defendant entered and paid rent to B. up to Michaelmas 1857. On the 12th of December, 1857, B. assigned to the plaintiff. In April, 1858, the mortgagees gave notice ta the defendant to pay the rent due to them, but no rent was in fact paid to them by the defendant. The plaintiff sued for the rent due from Christmas 1857. Held, that the notice by the mortgagees to the defendant to pay rent to them was no answer to the action for the rent due either before or since the notice. [S. C. 28 L. J. Ex. 310; 5 Jur. (N. S.) 576. Eeferred to, Underhay v. Bead, 1887, 20 Q. B. D 220.] Use and occupation. Plea : Never indebted. The particulars claimed five quarters rent up to Christmas 1858. At the trial, before Lord Campbell, C. J., at the Spring Assizes at Warwick, it appeared that one Beager being in possession of the premises, on the 10th of February [717] 1854 mortgaged his interest therein but remained in possession. On the 8th of March, 1856, he entered into an agreement in writing with the defendant, Machin, whereby it was agreed that Beager and all necessary parties should execute, and Machin agreed to take, a lease of the premises for twenty-five years from the 28th of March then next ensuing: and it was further agreed that till the said lease should be granted Machin should have the use and occupation of the premises as tenant from year to 1024 HICKMAN V. MACHIN 4 H & N. 718 year on the terms thereof. There was a provision for the payment of the costs of Beager and his mortgagees The mortgagees were not parties to the agreement, though they were cognizant of and assented to it Machin entered and paid to Beager six quarters rent. On the 18th of June, 1857, the mortgagees'attorney sent to the defendant a draft lease in accordance with the agreement, making Beager and the mortgagees parties, and reserving the rent to the latter The draft was afterwards returned but no lease was executed. By indenture, dated the...
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Barclays Bank Ltd v Kiley
... ... Elliott , F12 Hickman v. Machin , F13 Doe d. Parry v. Hughes , F14 Stroud Building Society v. Delamont , F15 and Taylor v. Ellis. F16 In the words of Cross J. in ... ...
