 And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.  Reports of Cases Decided in the Court of Appeals of the State of New York - Side 502av New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb - 1867Uten tilgangsbegrensning - Om denne boken
 | William Woodfall - 1802 - 736 sider
...during the term. The rule is, that when the law creates a duty, and the 6T. R. 751. party is difabled to perform it without any default in him, and he has no remedy over, the law will excufe him : but when the party by his own contraft creates a duty or charge upon himfelf, he is bound... | |
 | Robert Joseph Pothier - 1806 - 712 sider
...referred to in fome of the preceding cafes is, tb-u when the law creates a duly, and the party is difabled to perform it, without any default in him, and he has no remedy over, the law will excufe him ; but when the party, by his own contract, creates a duty or chaige upon himfelf, he is... | |
 | Sir Thomas Edlyne Tomlins - 1812 - 736 sider
...broken down by an extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself,... | |
 | Nicholas Baylies - 1814 - 576 sider
...brukea down by an extraordinary flood. Brecknock, Xfc. Navigation Си. v. Pritchard. 6 Term Hep. 730. 1 When the law creates a duty, and the party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 sider
...contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates... | |
 | CHARLES BARTON - 1821 - 580 sider
...In which they differ from those (to'be hereafter noticed) which are implied by operation of law: for when the law creates a duty, and the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge upon himself,... | |
 | Charles Barton - 1821 - 586 sider
...which they differ from those (to be hereafter noticed) which are implied by operation of law : for when the law creates a duty, and the party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge upon himself,... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 sider
...way of exemplifying them; the substance of &c' which was, that when the law creates a duty or charge, and the party is disabled to perform it without any default in him, and has no remedy over, there the law will excuse him; as in case of waste, if a house be destroyed by... | |
 | Thomas Platt - 1829 - 724 sider
...an irresistible wind, will not effect his discharge (c). But where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him, as in the case of waste, where the house is destroyed... | |
 | 1833 - 560 sider
...In Aleyne's Reports, 27. this distinction is taken : — ' Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him; but, when the party by his own contract creates... | |
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