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Acts which by a fair interpretation of language would seem to have been contemplated as only the compliance with a condition, have been treated as the consideration of the promise. /3/ And so have counter promises in an agreement which expressly stated other matters as the consideration. /4/ So it should be mentioned, subject to the question whether there may not be a special explanation for the doctrine, that it is said that an assignment of a leasehold cannot be voluntary under the statute of 27 Elizabeth, c. 4, because the assignee comes into the obligations of the tenant. /1/ Yet the assignee's incurring this detriment may not be contemplated as the inducement of the assignment, and in many cases only amounts to a deduction from the benefit conferred, as a right of way would be, especially if the only obligation is to pay rent, which issues out of the land in theory of law.
"Very well, then, for three days those of us in the secret will agree not to whisper one word of this sad affair. After you have departed the promise holds no longer. There will be no prosecution, Mr. Graylock, though perhaps I am doing wrong to promise that; but I shall walk over with these securities in half an hour, and hand them to the assignee with the simple remark that they have been found.
Before we leave the subject of succession to freedmen, we should observe a resolution of the Senate, to the effect that, though the property of freedmen belongs in equal portions to all the patron's children who are in the same degree, it shall yet be lawful for a parent to assign a freedman to one of his children, so that after his own death the assignee shall be considered his sole patron, and the other children who, had it not been for such assignment, would be admitted equally with him, shall have no claim to the succession whatever: though they recover their original rights if the assignee dies without issue.
I've been freighting logs for the senior Cardigan over my railroad; the contract for hauling them was a heritage from old Bill Henderson, from whom I bought the mill and timber-lands; and of course as his assignee it was incumbent upon me to fulfill Henderson's contract with Cardigan, even though the freight-rate was ruinous.
It was then logically necessary to give assigns the same action, and this followed. /4/ The privity of contract followed the estate, so that the assignee of the reversion could sue the person then holding the term. /5/ On like grounds he was afterwards allowed to maintain covenant. /6/ But these actions have never lain for or against persons not privy in estate with the lessor and lessee respectively, because privity to the contract could never be worked out without succession to the title. /7/
To cut a long matter short, it was not until 1774 that the House of Lords decided that, whether there ever had been a perpetuity in literary property at common law or not, it was destroyed by the Act of Queen Anne, and that from and after the passing of that law neither author, assignee, nor proprietor of 'copy' had any exclusive right of multiplication, save for and during the periods of time the statute created.
The mortgage to the European assignee is then resumed, and the native farmer replaced, replaced, again to be removed on the new clamor of the European assignee.
Not one single foot of the Carnatic has escaped them: a territory as large as England. During these operations what a scene has that country presented! The usurious European assignee supersedes the Nabob's native farmer of the revenue; the farmer flies to the Nabob's presence to claim his bargain; whilst his servants murmur for wages, and his soldiers mutiny for pay.
I reckon he administers on estates, acts as guardian, and settles up the affairs of the unfortunate in trade as their assignee, in connection with his business of notary and note-shaver. He is aged fifty-six, was born and educated in New England, and is probably a native of this city. He is tall, lean, and bony. His nerves are not steady, and he is easily excited.
But the breach of the covenant being in the time of the assignee, ... and the action brought by him, and so attached in his person, the covenantee cannot release this action wherein the assignee is interested." /1/ The covenantee even after assignment remains the legal party to the contract.
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