 | Great Britain. Court of King's Bench, James Burrow - 1812 - 650 σελίδες
...money was payable upon a contingency : and the contingency has happened. Therefore it ought to be paid. There is a difference between covenants in general, and covenants secured by a penally or forfeitnre. In the latter Case, the obligee has his election. He may either bring an action... | |
 | Anthony Hammond - 1819 - 618 σελίδες
...a covenant, the party may either go for the penalty or for damages. Winter v. Trimmer, i Blk. 2953. There is a difference between covenants in general...may proceed upon the covenants and recover more or leee than the penalty, loties quaties. Lowe v. Peers, 4 Burr. 2228. (b) In a particular instante. Where... | |
 | William Woodfall - 1822 - 722 σελίδες
...prohibited, yet the covenant is binding ; for that a penal statute cannot have a retrospective operation (r). There is a difference between covenants in general...the obligee has his election ; he may either bring an action of debt for the penalty, after the recovery of which he cannot resort to the covenant, because... | |
 | Samuel Comyn - 1824 - 680 σελίδες
...said, " The money was payable upon a contingency which has happened; and therefore it ought to be paid. There is a difference between covenants in general,...the obligee has his election : he may either bring an action of debt for the penalty, and recover the penalty, (after which recovery of the penalty, he... | |
 | William Woodfall - 1829 - 1010 σελίδες
...prohibited, yet the covenant is binding ; for that a penal statute cannot have a retrospective operation, (d) There is a difference between covenants in general and covenants secured by a penalty or forfeiture, (e) In the latter case, the obligee has his election ; he may either bring an action of debt for the... | |
 | Thomas Platt - 1829 - 724 σελίδες
...venants in general, and covenants secured by a penalty or forfeiture, there is this difference : — In the latter case the obligee has his election; he may either bring an action of debt for the penalty, and recover the penalty ; (after which recovery of the penalty he... | |
 | Great Britain. Court of Exchequer - 1834 - 1058 σελίδες
...the stated damages between the parties. In Lour v. Peers (e) Lord Mansfield lays down that there if a difference between covenants in general and covenants...penalty or forfeiture. In the latter case the obligee may either recover the penalty in debt (after which he cannot resort to the covenant, because the penalty... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834 - 1062 σελίδες
...ploughing is the stated damages between the parties. In Lowe v. Peert (e) Lord Mansfield lays down that there is a difference between covenants in general...penalty or forfeiture. In the latter case the obligee may either recover the penalty in debt (after which he cannot resort to the covenant, because the penalty... | |
 | Jacob D. Wheeler - 1835 - 632 σελίδες
...v. Peers, referred to in the argument of the case at bar. There is a difference, says his Lordship, between covenants in general, and covenants secured...forfeiture. In the latter case, the obligee has his election ; to bring an action for the penalty, after which he cannot resort to the covenant ; or to proceed... | |
 | Great Britain - 1836 - 626 σελίδες
...money was payable on a contingency, and the contingency has happened, therefore it ought to be paid. There is a difference between covenants in general,...the latter case the obligee has his election. He may cither bring an action of debt for the penalty, and recover the penalty, after which recovery of the... | |
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There is a difference between covenants in general, and covenants secured by a penalty or forfeiture. In the latter case the obligee has his election. He may either bring an action of debt for the penalty... 
