D.O'Connor, Administrator Cum Testamento Annexo of Humphrey Minchin, v James Magee

JurisdictionIreland
Judgment Date31 January 1850
Date31 January 1850
CourtQueen's Bench Division (Ireland)

Queen's Bench

D.O'CONNOR, Administrator cum testamento annexo of HUMPHREY MINCHIN,
and
JAMES MAGEE.

Fenny v. ChildENR 2 Maul. & Sel. 257.

The Attorney-General v. Drummond 1 Dru. & War. 367.

Stevenson v. LambardENR 2 East, 575.

Pluck v. DiggesENR 5 Bli. P. C. 31.

Long v. Rankin Sug. Pow., Ap. 513.

Netterville v. Marshall Wallis R. 80.

Commons v. Marshall 6 B. P. C. 168; Toml. ed.

Buttƒ€™s caseUNK 7 Rep. 23.

Atkinson v. BakerENR 4 T. R. 230.

Kingdon v. NottleENR 1 M. & S. 355.

Jones v. KingENR 4 M. & S. 188.

Moodie v. GarnanceENR 2 Bulst. 153.

Poultney v. HolmesENR 1 Strange, 405.

Preece v. CorrieENR 5 Bing. 25.

Baker v. GostlingENR 1 Bing. N. C. 19.

Sacheverell v. FroggattENR 2 Wms. Saund. 367, a.

Eaton v. ButterENR Sir W. Jones Rep. 181; S. C. Palm. 558.

Raymond v. Fitch 2 Cr. Mees. & Ros. 588.

Twynam v. PickardENR 2 B. & Ald. 105.

Executors of Kennedy v. Stewart 7 Ir. Law Rep. 421.

ceedings respecting this policy; and although subsequent thereto and v. prior to the bringing of the action the plaintiff became incapable of THOMPSON. giving an authority to an attorney to act for him, yet we submit that once having authorised the attorney to act in this transaction, that authority still subsists, notwithstanding his incapacity ; and this Court will presume that its officer instituted the proceedings rightly, and had sufficient authority so to do. BLACKBURNE3 C. J. It is difficult to call on us to say there is a continuing authority. We do no prejudice by complying with this motion. If the money be brought into Court an application may be made to have it paid out, and then we can decide to whom it ought to be paid. Let the defendant be at liberty to bring in and lodge to the credit of this cause the amount of said policy, the costs of the action and the costs of this motion ; and there upon let all further proceedings be stayed. D. O'CONNOR, Administrator cum testamento annexo of HUMPHREY MINCHIN, v. JAMES MAGEE.* Jan. 31. COVENANT.-The declaration stated that Humphrey Minchin (deceased), before and at the time of the making of the indenture therein mentioned, was lawfully possessed of certain premises for A lessor being possessed of certain preÂÂmises for a term of years, and seised and possessed of other premises for lives, demised to the defendant these premises as part of a house for the term of years, and by the same grant demised another part of the house to the defendant for the lives in the original lease named ; the defendant coveÂÂnanted to pay the rents during the said respective terms ; a declaration in covenant alleged the liability to be "from time to time and at all times thereafter during the said respective terms, and each or any of them, well and truly to pay unto the lessor, his heirs, &c., the said reserved rent." Held, that such was a variance, the covenant being to pay the rent during the respective terms and not after the expiration of one. * CRAMPTON, J., absence. 388 CASES AT LAW. the residue of a term of thirty-eight years, commencing from the 29th of September 1810, and was also seised and possessed of certain other premises for three lives, and the survivor of them, to wit, at &c. ; and being so possessed and seised, the said Humphrey Minchin, heretofore, to wit, on the 18th of February 1825, to wit, at &c., by an indenture made between Humphrey Minchin of the one part, and the defendant of the other part (Profert), Humphrey Minchin demised, granted, &c., to the defendant, his executors, administrators or assigns, all that and those, that part of a certain dwelling-house and premises in Trinity-street, in the city of Dublin, then known by the name of No. 11, with the...

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