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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... "
A Digest of the Laws of England - Σελίδα 183
των Sir John Comyns - 1822
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Reports of Cases Argued and Adjudged in the Court of King's Bench ..., Τόμος 4

Great Britain. Court of King's Bench, Sir James Burrow - 1812
...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...

An Analytical Digested Index to the Term Reports and Others: Containing All ...

Anthony Hammond - 1819 - 1176 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...

The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 668 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...

The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 654 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...

The Law of Landlord and Tenant: to which is Added an Appendix of Precedents

William Woodfall - 1829 - 968 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...

A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 660 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...

Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834
...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...

Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - 1834
...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...

A Practical Abridgment of American Common Law Cases Argued and ..., Τόμος 4

Jacob D. Wheeler - 1835
...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...

A Collection of Statutes Connected with the General Administration ..., Τόμος 3

Great Britain, William David Evans - 1836
...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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