Mich. 20 Jacobi
Jurisdiction | England & Wales |
Judgment Date | 01 January 1792 |
Date | 01 January 1792 |
Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 636
IN THE KING'S BENCH.
mich. 20 jacobi. in the king's bench. Debt for annuity. A man granted a stipend or annuity, pro consilio impenso & impendendo, to be paid at Michaelmas and Annunciation, si petitum foret, habendum, for the life of the grantee, the grantee dies, and for arrerages, his executors bring debt, without alledging LEY, 70. ROBERTS V. LORD 637 of demand, it seems to Haughton and Chamberlain, Justices, that the rent passed by the grant, and that the feasts are onely times appointed for paiment of it, and the demand is not knit to the feasts, but may be made at any time after, but it ought to be made before action brought; for Haughton took a difference, between debt demanded, where there is not any time limitted for paiment of it, there ssspius requesitus ia sufficient, but if it be an action upon the case, there actuall demand ought to be made, and Lee, Chief Justice, took a difference, where it is a rent issuing out of land, or a place appointed for paiment of it, and where it is personal!, and no place appointed ; for if no place be appointed, if demand ought to be made upon the day of pairneut, it...
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