 So, in Eccleston v. Clipsham, 1 Saund. 153, 2 Keble, 338, 339, 347, 385, SC, it was held, that, though a covenant be joint and several in the terms of it, yet, if the interest and cause of action be joint, the action must be brought by all the covenantees:...  The Revised Reports: Being a Republication of Such Cases in the English ... - Page 424edited by - 1893Full view - About this book
 | Joseph Chitty - Parties to actions - 1809 - 550 pages
...in the goods was vested by the delivery to the carrier ; and though a covenant with several persons be joint and several in the terms of it, yet if the legal interest and cause of action be joint, the action must be brought by all the covenantees i and... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...An assignee in covenant need not name himself assignee where he shews a legal assignment (,•.'), Though a covenant be joint and several in the terms of it, yet if («) r. Davis, MT 4» G. 3 . T.'s MSS . I (0 Blake v. Foster. 8 TR 487. (t) Skipvrith v. Green. I Stra.... | |
 | William Woodfall - Forms (Law) - 1829 - 1010 pages
...before. (6) An assignee in covenant need not name himself assignee where he shows a legal assignment, (c) Though a covenant be joint and several in the terms...the action must be brought by all the covenantees : and, on the other hand, if the interest and cause of action be several, the action may be brought... | |
 | Thomas Platt - Covenant - 1829 - 724 pages
...well to joint 2. Joint. as to several covenants : if a covenant be joint and 'several, or several only in the terms of it, yet if the interest and cause of action be joint, the covenant shall be construed so as to accord with the interest (m). And it would seem that the rule... | |
 | Law - 1834 - 518 pages
...consignee had no such property, then the consignor should sue. And though a covenant with several persons be joint and several in the terms of it, yet if the legal interest and cause of action be joint, the action must be brought by all the covenantees : and... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1835 - 944 pages
...annuity is several. They cited in support of their view of the case Eccleston v. Clipsham (a), where it was held, that though a covenant be joint and several...the action must be brought by all the covenantees: and on the other hand, if the interest and cause of action be several, the action may be brought by... | |
 | Samuel Vallis Bone - Conveyancing - 1839 - 398 pages
...them severally responsible. In Eccleston v. Clipsham, 1 Saund. by Williams, 153., it was determined, that though a covenant be joint and several in the...action be joint, the action must be brought by all the covenantors; and, on the other hand, if the interest and cause of action be several, the action may... | |
 | John Collyer - Partnership - 1840 - 1016 pages
...making some observations on the pleadings in actions of covenant between partners. It is a general rule, that though a covenant be joint and several in the...action be joint, the action must be brought by all the covenaiitees (a). It follows from this doctrine that, although the covenants in (a) 1 Saund. 153. See... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1846 - 1126 pages
...amplification and abundance, and cannot sever the joint cause of action." So, in Eccleston v. Clipsham (b), it was held, that, though a covenant be Joint and...the action must be brought by all the covenantees : and, on the other hand, if the interest and cause of action be several, the action may be brought... | |
 | Great Britain. Court of King's Bench, Edmund Saunders - Law reports, digests, etc - 1845 - 968 pages
...Durant. Com. Dig. Pleader, (2V. 2.) Bull. Nisi Prius,157, 158. Though a covenant be joint and mend in the terms of it, yet if the interest and cause of action lie joint, the action must be brought by all thecovenantees: And, on the other hand, if the interest... | |
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