Roper v Cox

• Jurisdiction: Ireland
• Judgment Date: 27 April 1882
• Date: 27 April 1882
• Court: Common Pleas Division (Ireland)

C. P. Div.

Before LAWSON and HARRISON, JJ.

ROPER

and

COX.

North British Insurance Company v. LloydENR 10 Exch. 523.

Hamilton v. WatsonENR 12 Cl. & Fin. 109.

Pledge v. BussENR Johns. 665.

Wythes v. LabouchereENR 3 De G. & J. 593; 608–611.

Byrne v. Muzio 8 L. R. I. 396.

Enright v. Falvey 4 L. R. I. 397.

Phillips v. FoxallELR L. R. 7 Q. B. 666.

Sanderson v. AstonELR L. R. 8 Ex. 73.

Railton v. Mathews 10 Cl. & F. 934.

Lee v. JonesENR 17 C. B. (N. S.) 482.

Smith v. Bank of ScotlandENR 1 Dow 278.

Railton v. MathewsENR 10 Cl. & Fin. 934.

Principal and surety — Pleading — Guarantee for rent — Concealment — Non-communication of material facts.

-200 LAW REPORTS (IRELAND). [L. R. I. Appeal. should respectively be answered in the affirmative ; and that the 1882. 4th of the said questions should be answered in the negative." ADAMS DIrNSEATIf. Solicitors for the Tenant : Messrs. Caruth 4 Currie. Solicitors for the Landlord : Messrs. H. 4 A. Orr. ROPER v. COX (1). Principal and surety-Pleading-Guarantee for rent-Concealment-Non communication of material facts. In consideration of the Plaintiff accepting one H. as his tenant of certain lands, the Defendant guaranteed the payment of the rent to become payable by H. as such tenant. In an action upon the guarantee, the Defendant pleaded that, prior to the making of the guarantee, H. had been tenant to the Plaintiff of the lands at a rent, and had been guilty of gross irregularity and delay in payment of such rent, and at the date of the guarantee was indebted to the Plaintiff in a large sum for arrears of such rent, of which the Defendant was ignorant ; that the Plaintiff did not, prior to the guarantee, communicate to the Defendant these facts, but concealed from him the said material facts, which, if communiÂcated to the Defendant, would have prevented him from executing the said guarantee : Held, upon demurrer, a bad plea. ACTION upon a guarantee dated the 4th June, 1878, whereby the Defendant guaranteed to the Plaintiff the rent payable to the Plaintiff for certain lands called Ballyolahan and Aughmegehan, in the county of Roscommon, let by the Plaintiff to one James Hanley. After the making of the guarantee, arrears of rent be came due and were unpaid, to recover which the action was brought. The Defendant, amongst other defences, pleaded that, prior to the time of the making of the said guarantee, the said James Hanley had been tenant to the Plaintiff of the said lands, at the...