 | John Dawson Mayne, Sir Lumley Smith - 1899 - 776 σελίδες
...to the mode in which the plaintiff sues, which may be well stated in the words of Lord Mansfield : " 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 it (after which recovery of the penalty he cannot resort... | |
 | John Neilson Taylor - 1904 - 618 σελίδες
...may require a bond as additional security for the performance of covenants, and a difference is noted between covenants in general, and covenants secured...In the latter case, the obligee has his election, to bring an action of debt for the penalty (after which he cannot resort to the covenant, because the... | |
 | John Neilson Taylor - 1904 - 622 σελίδες
...may require a bond as additional security for the performance of covenants, and a difference is noted between covenants in general, and covenants secured...In the latter case, the obligee has his election, to bring an action of debt for the penalty (after which he cannot resort to the covenant, because the... | |
 | Robert Frederick Norton, Robert Hay Dun, Digby Latimer Francis Koe - 1906 - 776 σελίδες
...Recovery of recovery of the penalty is a satisfaction of the whole satisfaction of covenant. covenant. " 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 cannot... | |
 | John Edward Robert Stephens - 1908 - 246 σελίδες
...for it, but for damages for the breach of contract (4). Lord Mansfield, in Lowe v. Peers (5), said : "There is a difference between covenants in general and covenants secured by a penalty or for(1) Staniforth v. Lyall, 9 LJ (OS.) CP 23. See also Puller v. Staniforth, 11 East. 232 ; Bellv.... | |
 | William Blackstone, George Sharswood - 1908 - 772 σελίδες
...See book il. ch. 21. (*) Co. Litt. 216. Moor. 676. Cro. Jac. 145. (») See book il. ch. 9. and those secured by a penalty or forfeiture. In the latter case the obligee has hU election either to bring an action of debt for the penalty, or to proceed upon the covenant and... | |
 | Charles K. Morganroth - 1918 - 452 σελίδες
...for an amount in excess of the penalty?" In discussing that question the court proceeds to say ' ' 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 can... | |
 | Great Britain. Courts - 1918 - 664 σελίδες
...position of the parties is thus described by Lord Mansfield in Lowe v. Peers (4 Burr , at p. 2228) : " There is a difference between covenants in general...the obligee has his election. He may either bring an action of covenant for the penalty and recover the penalty (after such recovery of the penalty he... | |
 | Charles K. Morganroth - 1918 - 462 σελίδες
...for an amount in excess of the penalty?" In discussing that question the court proceeds to say ' ' 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 can... | |
| |
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... 
