Allen v. Wooley
Indiana Supreme Court
ERROR to the Franklin Circuit Court. — Covenant by the . „ , ... m. . . • assignees oí a lessor against the lessees. The declaration states that Nolle,, by deed, leased to the defendants a fulling mill, with carding and-shearing machines, for a year; and covenanted to keep the milldani in repair, after it should be repaired as provided in the lease, and for the quiet enjoyment of the premises by the lessees: that the.defendants covenanted in the same deed to pay 300 dollars…
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ERROR to the Franklin Circuit Court. — Covenant by the . „ , ... m. . . • assignees oí a lessor against the lessees. The declaration states that Nolle,, by deed, leased to the defendants a fulling mill, with carding and-shearing machines, for a year; and covenanted to keep the milldani in repair, after it should be repaired as provided in the lease, and for the quiet enjoyment of the premises by the lessees: that the.defendants covenanted in the same deed to pay 300 dollars rent in quarterly payments; to put the mill, machines, and dam, in good repair, deducting the expense ■out of the rent;…
1Opinion of the CourtScott, J.
Supposing that JYoble intended, by the assignment of the indenture, to grant to the plaintiffs the interest resulting to him by virtue of his agreement with the defendants, it becomes a question whether any thing could pass by such assignment. Our act of assembly, making notes and bonds assignable, is unusually broad; and by giving it as large and liberal a construction as the words would bear, it would probably comprehend some obligations and other instruments, never contemplated by the framers of the statute. (1). But notwithstanding the extent of the provisions, and the latitude of…
2Cited by2 opinions
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