Reade v Armstrong

• Jurisdiction: Ireland
• Judgment Date: 22 December 1857
• Date: 22 December 1857
• Court: High Court of Chancery (Ireland)

Chancery.

READE

and

ARMSTRONG.

Hannington v. Du ChatelENR 1 Bro., C. C., 124; S. C., 2 Swanst. 159, n.

Lord Irnham v. ChildENR 1 Bro., C. C. 93.

Hare v. Shearwood 1 Ves. jun. 241.

Marquis of Townshend v. Stangroom 6 Ves. 328.

Beaumont v. Bramley T. & R. 41.

Mortimer v. Shortall 2 Dr. & W. 363.

Wrigth v. GoffENR 22 Beav. 207.

Furnivall v. CoombesUNK 6 Scott, N. R., 522.

Gladstone v. BirleyENR 2 Mer. 401.

Cockerell v. Cholmeley 1 R. & M. 418.

Vance v. RanfurleyUNK 1 Ir. Ch. Rep. 321.

Ward v. AudlandENR 8 Beav. 201.

Colman v. Sarrell 1 Ves. jun. 50.

Bass v. GrayENR 2 Vern. 693.

Boardman v. Mostyn 6 Ves. 467.

1857. Chancery. Ex parte PERRIER. Judgment. 266 CHANCERY REPORTS. for some months was the actual holder of the shares. There may be some liability to indemnify him, but it is a very different question whether the official manager is bound to proceed against all the other Directors. It is said, however, that they ought all to be before the Court, and that the official manager was bound to bring them before the Court. The answer to that, however, is, that they are all before the Court. It was in Mr. Perrier's power to have served a notice that as against all these gentlemen he had a right to contribution. I do not pronounce any opinion on the prudence or probable success of that course ; I merely say that there is no difÂficulty from their not being before the Court. Under all these circumstances, I do not feel any embarrassment ; I think it is a plain case for affirming the liability of Mr. Perrier, and I therefore think that this motion must be refused, with costs. Reg. Lib. 22, f. 197. READE v. ARMSTRONG. Dec. 21, 22. R. was tenant THE petition in this case stated the matters following for life of money secured Taylor, being entitled to the lessee's interest under a Iease for lives by mortgage of property renewable for ever, of certain household property in the town of held for lives renewable. Wexford, subject to a rent of £36 of the late currency, by inden The cestuis ture, dated the 30th of May 1845 of , demised the same by way gue trusts of that mortgage mortgage to the trustees of the settlement executed on the marriage filed a bill for the purpose of of the petitioner. The lessor's interest became vested in the re- raising the amount due spondent George Armstrong. In 1848, a foreclosure suit was upon it. The mortgagor having died, his interest vested in his heir-at-law, who was an infant. The Master, in the foreclosure suit, directed a renewal to be obtained, and it was arranged that the renewal should be made to R. in trust for the parties interested. A draft reÂnewal was accordingly prepared, containing the usual lessee's covenants ; and also containing a recital that it was made to R. merely in pursuance of the Master's reÂport, and in trust for the parties. This was amended by R.'s solicitor inserting a proviso that nothing therein should affect the real or personal estate of R. The eviÂdence showing that both parties believed and intended that the proviso should exoneÂrate R. from personal liability-it was Held, that R. was entitled to restrain an action brought against him upon the covenant in the lease for payment of rent. x, CHANCERY REPORTS. 267 instituted against William Taylor, for the purpose of raising the sum secured by the mortgage of 1845. William Taylor having died, the suit was revived against Charles Taylor his eldest son and heir-at-law, who was a minor. On the 24th of August 1850, it was referred to the Master to inquire whether it would be for the benefit of the parties that proÂceedings for the renewal of the lease should be taken ; and by a report, dated the 28th of February 1851, the Master found that a renewal should be executed to the petitioner, in trust for all parties interested. A draft lease was accordingly prepared,, by which the respondent, in consideration of £83. 18s. 4d., renewal fines, interest and costs, purported to demise the...