Watkins, Jameson, Pim and Company Ltd v Coyne

Judgment Date01 January 1940
Date01 January 1940
CourtCircuit Court
(Cir. Ct.),
Watkins, Jameson, Pim and Co. Ltd

for breach of covenant -Public house - Covenant not to infringe licensing laws - Breach of covenant - Conveyancing and Law of Property Act, 1881, s. 14.

The defendant held licensed premises from the plaintiffs under a lease containing a covenant not to do or permit to be done "any act or thing whereby the said licence may be forfeited or be in danger of being forfeited or whereby the lessee . . . . may incur any fine or penalty by reason of the infringement of any law or regulation regarding publicans' licences or whereby any conviction for such infringement as aforesaid may be recorded against the lessee." The defendant served intoxicating liquor to persons who were not bona fide travellers during prohibited hours contrary to the provisions of the Intoxicating Liquor Act, 1927. No prosecution was instituted by the police. The plaintiffs served notice of forfeiture of the lease for breach of covenant, and subsequently demanded possession of the premises which was refused. The plaintiffs then instituted proceedings claiming possession of the premises, and an injunction...

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