Morrisson v M'Anaspie

• Jurisdiction: Ireland
• Judgment Date: 17 November 1851
• Date: 17 November 1851
• Court: Court of Common Pleas (Ireland)

Common Pleas.

MORRISSON

and

M'ANASPIE.

Lessee Watson v. ClooneyIR 1 Ir. Com. Law Rep. 58.

Delap v. Leonard 5 Ir. Law Rep. 287.

Webb v. RussellENR 3 T. R. 393.

Stokes v. Russell Ibid, 678; S. C. 1 H. B1. 562.

Whitton v. PeacockENR 2 Bing. N. C. 411; S. C. 2 Scott, 630.

Doe d. Harvey v. AdamsUNKENR 2 Tyrw. 289; S. C. 2 C. & J. 232.

366 COMMON LAW REPORTS. M. T. 1851. the variance consisted in a portion of the consideration, something CommonPleas. being by the amendment superadded to what was stated in the de 144KENNA V. claration. The decision of the Court of Exchequer, in the case of DE IKOLEYNS. Power v. Ewing, is also in support of the power of the Judge to make this amendment-[states the facts of that case.]-It is not necessary for us to offer any opinion upon that case ; it is sufficient to say it is a much stronger case than the present, inasmuch as the amendment there made was by the introduction of a new promise altogether, and not merely by altering the consideration upon which the promise was founded. The latest case is that of Gull v. LindÂÂsay (a), in which the. Court thought the amendment sought comÂÂpletely Atered the cause of action as stated in the declaration. We do not think that case has any application to the present ; and therefore, on the whole, are of opinion that the cause shown must be allowed. (a) 4 Exch. 45. MORRISSON v. 1PA NASPIE. Nov. 17. By a lease EJECTMENT for non-payment of rent. The case was tried at the made between R. J. B. and Sittings after last Trinity Term, before the LORD CHIEF JUSTICE the defendant, MONAHAN, when a verdict was found for the plaintiff, subject to a R. J. B., " with the con sent of R. J., mortgagee of the said premises, testified by his being a party thereto," demised to the defendant certain premises in the city of Dublin for eighty-three years, at the yearly rent of 36. The rent was reserved to, and the covenants made with, R. J. B., his executors, administrators and assigns, and the lease conÂÂtained a proviso enabling R. J. B., his executors, administrators and assigns, to re-enter in default of payment of the rent for twenty-one days. R. J. was not named as a party to the lease, but it was signed, though not sealed, by him, and bore the following indorsement signed by him : " I have signed the within deed as mortgagee under the deed of mortgage, dated the 6th of August 1828, and I do hereby consent that the within named lessees shall hold the premises within mentioned, subject...