Hodgson v. Dexter
U.S. Circuit Court for the District of District of Columbia
Covenant on a lease. See a statement of the pleadings in this cause. 1 Cranch [5 U.- S.] 345. The questions brought into view by the pleadings, were: (1) Whether the defendant was individually bound. (2) Whether the destruction of the building was an inevitable casualty, within the meaning of the covenant. cited 2 Mallory, Ent. 118; 1 Rolle, Abr. 450; Dyer, 33; Shulbrick v.'Salmond, 3 Burrows, 1637; Monk v. Cooper, 2 Ld.
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Covenant on a lease. See a statement of the pleadings in this cause. 1 Cranch [5 U.- S.] 345. The questions brought into view by the pleadings, were: (1) Whether the defendant was individually bound. (2) Whether the destruction of the building was an inevitable casualty, within the meaning of the covenant. cited 2 Mallory, Ent. 118; 1 Rolle, Abr. 450; Dyer, 33; Shulbrick v.'Salmond, 3 Burrows, 1637; Monk v. Cooper, 2 Ld. Raym. 1477; Forward v. Pittard, 1 Term R. 27; Macbeath v. Haldimand, Id. 172; ITnwin v. Wolseley, Id. 674; 1 Bac. Abr. tit. “Covenant,” 535, 536. cited 1 Rolle, Abr. 808;…
1Opinion of the Court
(THE COURT
was of opinion for the defendant upon both points, and that opinion, so far as it respected the first point, was affirmed by the supreme court upon writ of error, at February term, 1803. 1 Cranch [5 U. S.] 345. But that court gave no opinion upon the question of inevitable casualty.)
CRANCH, Circuit Judge.
This question arises upon the demurrer to the first plea, which alleges that before the expiration of the lease the demised premises, “against the will, and without the negligence, or other default of the defendant, were burned and consumed by fire, happening from some cause to him…
2Cited by12 opinions
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- Orange & Northwestern Railroad v. HarrisTexas Supreme Court · 1936
- Wilson v. RoachSupreme Court of Oklahoma · 1924
- Bucktrot v. PartridgeSupreme Court of Oklahoma · 1928
- Emersons, Ltd. v. Max Wolman CompanyDistrict Court, District of Columbia · 1975
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