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Sir Anthony Sturlyn against Albany

Nominate Series Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1653
Date01 January 1653
CourtCourt of the Queen's Bench

English Reports Citation: 78 E.R. 327

IN THE QUEEN'S BENCH.

Sir Anthony Sturlyn against Albany

case 18. sir anthony sturlyn against albany. If an under lessee promises the original lessor to pay him the rent and arrearages if he can shew him a deed by which it was due, and the lessor shews him the lease, it is a sufficient consideration to maintain an assumpsit; but no action lies on a promise by an obligor of a bond, in consideration that the obligee produces it. Post. 70. 75. 150. 470. 644. Cro. Jac. 343. Cro. Car. 70. Cowp. 230. 290. Assumpsit. The case was, the plaintiff had made a lease to J. S. of land for life rendering rent. J. S. grants all his estate to the defendant; the rent was behind for divers years; the plaintiff demands the rent of the defendant, who assumed that if the plaintiff could shew to him a deed that the rent was due, that he would pay to him the rent and the arrearages ; the plaintiff alledgeth that upon such a day of, &c. at Warwick, he shewed unto him the indenture of lease, by which the rent was due, and notwithstanding he had not paid him the rent and the arrearages due for four years. Upon non assumpsit pleaded it was found for the plaintiff; and damages assessed to so much as the rent and arrearages did amount unto.-And it was moved in arrest of judgment, that there was no consideration to ground an action, for it is but the shewing of the deed, which is no consideration.-2. The damages ought only 328 MICHAELMAS TERM, 29 AND 30 ELIZ. IN B. R. CEO. ELIZ. 68. to be assessed for the time the rent was behind, and not for the rent and the...

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