M'Murphy v. Minot
Superior Court of New Hampshire
This was an action of covenant broken on an indenture made the 12th July, 1811, by which the plaintiff demised to Seth Daniels, a certain tract of land to hold during her natural life, and the said Daniels covenanted with the plaintiff to pay her, on the first day of May, annually, a rent of $30. The action was brought against the defendant, as as-signee of Daniels, for the said rent from 1st May, 1817, to the 1st May, 1825, and was submitted to the decision of the court…
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This was an action of covenant broken on an indenture made the 12th July, 1811, by which the plaintiff demised to Seth Daniels, a certain tract of land to hold during her natural life, and the said Daniels covenanted with the plaintiff to pay her, on the first day of May, annually, a rent of $30. The action was brought against the defendant, as as-signee of Daniels, for the said rent from 1st May, 1817, to the 1st May, 1825, and was submitted to the decision of the court upon the following statement offsets. The indenture was made as stated in the declaration, and Daniels having entered under…
1Opinion of the CourtRichardson, C. J.
It has been urged in behalf of the defendant in this case that the plaintiff is not entitled to recover any thing, because the rent was never demanded of Minot. The law on this point is well settled. When a lessor proceeds for a forfeiture or to enforce a penalty he must show a demand of a rent on the very day it was payable. But in an action of covenant no demand is necessary. 18 Johns. 447 Remson v. Conklin; Com. Dig. “Rent,” D. 4; 2 N. H. Rep. 163, Coon v. Brickett.
We are therefore of opinion that this objection to the action cannot prevail.
It has also been urged that this action cannot be…
2Cases cited4 opinions
- Coon v. BrickettSuperior Court of New Hampshire · 1819
- Executors of Dubois v. Van OrdenNew York Supreme Court · 1810
- Remsen v. ConklinNew York Supreme Court · 1821
- York v. JonesSuperior Court of New Hampshire · 1822
3Cited by5 opinions
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- Chellis v. StearnsSuperior Court of New Hampshire · 1851
- Jones v. ReedSuperior Court of New Hampshire · 1844
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888