 | Robert Joseph Pothier - 1806 - 728 Seiten
...in the cafe of Sloman v. Walter, i Mr«. 418. that the rule that where a penalty is inferted merely to fecure the enjoyment of a collateral object, the enjoyment of the objeft is confidered as the principal intent of the deed, and the penalty only as acceffional, and... | |
 | Samuel Comyn - 1807 - 646 Seiten
...be confidered as a penalty, or as affefled damages. The rule that where a penalty is inferted merely to fecure the enjoyment of a collateral object, the...object is confidered as the principal intent of the deed, and the penalty as only acceffional, and therefore only to fecure the damage really incurred,... | |
 | John Joseph Powell - 1810 - 482 Seiten
...default, or by ftipuiating the payment of i fpecific fum, citlier as a penalty in terrtrem, orelfe as liquidated or acknowledged damages. Where the fum...terrorem, to fec.ure the enjoyment of a collateral objcct, the enjoyment of the object is confidered as the principal intent of the parties, and the penalty... | |
 | Great Britain. Court of Common Pleas - 1818 - 730 Seiten
...name of a /••••nnltii or otherwise, is introduced in a covenant or agreement, merely to secure the enjoyment of a collateral object, the enjoyment of the object is considered as thn principal intent of the deed or contract, and the penalty only as accessary, and... | |
 | Great Britain. Court of Chancery, William Brown - 1819 - 600 Seiten
...a penalty or as assessed damages. The rule that that where a penalty is inserted, merely to secure the enjoyment of a collateral object, the enjoyment of the object is considered as the principal intent of the deed, and the penalty only is accessional, and therefore... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 Seiten
...be executed in this court (d). So if the obligor (d) " Where a penalty is intended merely to secure the enjoyment of a collateral object, the enjoyment of the object is considered as the principal intent of the deed, and the penalty only as accessional ; and therefore... | |
 | Francis Ludlow Holt - 1824 - 680 Seiten
...whether in the name of a penalty or otherwise, is introduced in a covenant or agreement, merely to secure the enjoyment of a collateral object, the enjoyment of the object is considered as the principal intent of the deed or contract, and the penalty only as accessional, and... | |
 | Samuel Comyn - 1824 - 680 Seiten
...considered as a penalty, or as assessed damages. The rule that where a penalty is inserted merely to secure the enjoyment of a collateral object, the enjoyment of the object is considered as the principal intent of the deed, and the penalty as only accessional, and therefore... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1826 - 780 Seiten
...a penalty or otherwise, is introduced into a covenantor agreement, for the mere purpose of securing the enjoyment of a collateral object, the enjoyment of the object is considered as the principal intent of the contract, and the penalty only as accessory, and therefore,... | |
 | Henry Maddock - 1827 - 516 Seiten
...debt, and the terms must be strictly complied with (m). Where a penalty is inserted merely to secure the enjoyment of a collateral object, the enjoyment of *the object is con- [*33 sidered as the principal intent of the Deed, and the penalty only as accessional, and therefore... | |
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The rule that, where a penalty is inserted merely to secure the enjoyment of a collateral object, the enjoyment of the object is considered as the principal intent of the deed, and the penalty only as accessional, and therefore only to secure the damage... 
