| William Selwyn - 1812 - 700 頁
...afterwards B. will sue A. on the bond, he may plead the covenant liv way of release. But if A. and B. be jointly and severally bound to C. in a sum certain, and C. covenant with A. not to sue him, that shull not be a release but a covenant only ; because he covenants only not to sue A., but does not... | |
| William Selwyn - 1817 - 728 頁
...afterwards B. will sue A. on the bond, he mav plead the covenant by way of release. But it' A. and B. be jointly and severally bound to C. in a sum certain,...only not to sue A., but does not covenant not to sue B. ; for the covenant is not a release in its nature, but only by construction to avoid circuity of... | |
| Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 頁
...afterwards B. will sue A. on the bond, he may plead the Covenant by way of release. But if A. and B. he jointly and severally bound to C. in a sum certain,...only not to sue A. but does not covenant not to sue B.; for the covenant is not a release in its nature, but only by construction to avoid circuity of... | |
| William Selwyn - 1817 - 728 頁
...if afterwards E.will sue A. on the bond, he may plead the covenant by way of release. But if A. and B. be jointly and severally bound to C. in a sum certain,...C. covenant with A. not to sue him, that shall not Ite a release but a covenant only ; because he covenants only not to sue A., but does not covenant... | |
| William Selwyn - 1824 - 768 頁
...afterwards B. will sue A. on the bond, he may plead tfie covenant by way of release. But if A. and B. be jointly and severally bound to C., in a sum...covenants only not to sue A., but does not covenant not to I covenant not to sue must be a perpetual covenant, that is, a covenant not to sue at all ; for a mere... | |
| Nathan Dane - 1824 - 736 頁
...bound to C, and C covenants not to sue A, this is no defeasance or release, but a covenant only ; for he covenants only not to sue A, but does not covenant not to sue B ; for the covenant is not a release in its nature, but only by construction, to avoid circuity of... | |
| Vermont. Supreme Court - 1830 - 618 頁
...Ld. Raym. 690 — 12 Mod. 552, it is said, that if A. and B. be jointly and severally bound to C., and C. covenant with A. not to sue him, that shall...release, but a covenant only ; because he covenants not to sue A., but does not covenant not to sue B.; for the covenant is not a release, in its nature,... | |
| Great Britain. Court of Common Pleas, Peregrine Bingham - 1830 - 858 頁
...12 Mod. 351., that " if A. and B. be jointly and severally bound to ('. in a sum certain, and ( '. covenant with A. not to sue him, that shall not be a release, but a covenant ; because he covenants only not to sue ..•/,, but does not covenant not to sue />'. ; for the covenant... | |
| Great Britain. Court of Common Pleas, Peregrine Bingham - 1830 - 846 頁
...sum certain, and ('. covenant with A. not to sue him, that shall not be a release, but a covenant; because he covenants only not to sue A., but does not covenant not to sue B.; for the covenant is not a release in its nature, but only by construction to avoid circuity of... | |
| William Selwyn - 1831 - 774 頁
...2. Rol. Abr. 930. SC Ayliff v. Scrom- y Burgh v. Preston, 8 TR 483. shite, 1 Show. 4d. Salk. 573. SC severally bound to C. in a sum certain, and C. covenant...only not to sue A. but does not covenant not to sue B. ; for the covenant is not a release in its nature, but only by construction to avoid circuity of... | |
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