John Doe, on the several demises of Charles Calvert, Esquire, Thomas Stanley, Samuel Miall, and Anne Chapman, against John Reid
| Jurisdiction | England & Wales |
| Judgment Date | 18 May 1830 |
| Date | 18 May 1830 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 664
IN THE COURT OF KING'S BENCH.
S. C. 8 L. J. K B. O. S. 328. Distinguished, Clegg v. Hands, 1890, 44 Ch. D. 564. Considered, Birmingham Breweries v. Jameson, 1898, 67 L. J. Ch. 403. Referred to, Manchester Brewery Company v. Coombs, [1901] 2 Ch. 613.
[849] john doe, on the several demises of charles calvert, esquire, thomas stanley, samuel miall, and anne chapman, against john eeid. Tuesday, May 18th, 1830. Where the lessee of a public-house covenanted for himself, his executors, and assigns, with his lessors (brewers) to take all his beer of them or their successors in their said trade, and the lessors sold their trade and the public-house, with other premises, to third persons, who removed the plant, &c. to a distance of two miles, and there carried on the business of brewers: Held, that the trade of the lessors was thereby determined, and that their assignee could not take advantage of the covenant, on the assignee of the lessee purchasing beer from another brewer. [S. C: 8 L. J. K. B. 0. S. 328. Distinguished, Clegg v. Hands, .1890, 44 Ch. D. 564. Considered, Birmingham Breweries v. Jameson, 1898, 67 L. J. Ch. 403. Referred to, Manchester Brewery Company v. Coombs, [1901] 2 Ch. 613.] Ejectment to recover a public-house and premises, in the parish of St. George, in the county of Middlesex. At the trial before Lord Tenterden C.J., at the adjourned sittings after Trinity term 1828, a verdict was found for the plaintiff, subject to the opinion of this Court on the following case:-Mary Chapman and Anne Chapman being seised in fee of an estate in the parish of St. George, in the county of Middlesex, of which the premises in question formed part, by indenture dated the 18th day of February 1803, and made between the said Mary Chapman and Anne Chapman of the one part, and John Phillips and Samuel Miall, therein described of the said parish of St. George, in the county of Middlesex, brewers and copartners, of the other part, (in consideration of the expense which the said John Phillips and Samuel Miall bad been and would be at in erecting the buildings thereinafter demised, and in finishing the same, and of the rent and covenants thereinafter reserved and contained, and which on the part of the said John Phillips and Samuel Miall were to be paid and performed,) demised and leased to the said John Phillips and Samuel Miall the parcel of ground in the indenture described, with the messuage or tenement and buildings thereon erected, and which were the premises sought to be recovered in [850] this action, to hold unto the said John Phillips and Samuel Miall, their executors, administrators, and assigns, from Michaelmas Day then last past, for the term of ninety-eight years, at the yearly rent of 51. 5s., payable as therein was mentioned. John Phillips and Samuel Miall having finished the said messuage and buildings, by an indenture made and executed the 18th day of January 1805, by and between the said John Phillips and Samuel Miall of the one part, therein described as of the Star Brewhouse, Wapping, and John Reid, the defendant, of the other part, in consideration of the sum of 5001. to them paid by the said John Eeid, and also for and in consideration of the yearly rent, and of the covenants, provisoes, and agreements thereinafter contained, and...
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... ... Company brought this action claiming against Mr Martin an injunction to prevent him selling ... Round about 1805 there were several cases where brewers, who owned a public house, ... Edney (1812) 3 Campbell, p. 285 , Doe v. Reid (1830) 10 Barnewall & Cromwell, p. 849 ... ...
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