Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's Bench and Common Pleas: From Easter Term, 33 George III. 1793, to [Trinity Term, 47 George III. 1807, Both Inclusive], Volum 4J. Butterworth, 1804 |
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Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of ..., Volum 4 Isaac 'Espinasse Uten tilgangsbegrensning - 1804 |
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act of bankruptcy action was brought admiffible affignees afked againſt anſwered aſked ASSUMPSIT attorney bankrupt bill bill of exchange buſineſs cafe called caſe caufe cauſe chaife commiffion confideration contended courfe courſe court debt declaration deed Defendant Defendant's counfel delivered dence Efpinaffe entitled Erskine eſtabliſhed evidence fale fame fecurity fendant fent feven fhall fhew fhip fhould figned fold fome ftated ftatute fubject fuch fufficient fuit fupport Garrow Gibbs given hand-writing himſelf houfe houſe iffue indorfer intereft itſelf Juftice jury King's Bench liable libel Lord ALVANLEY Lord ELLENBOROUGH faid Lord KENYON Lord KENYON faid ment muſt neceffary non-affumpfit nonfuited notice objected paid paper party payable payment perfon Plaintiff Plaintiff proved Plaintiff's counfel Plea poffeffion prefent premiffes produced purpoſe queſtion received recover refale refpect refufal refuſed Revett and Braham ſaid Serjt ſhip SITTINGS AFTER TERM ſtated theſe thofe tion trover unleſs uſe verdict witneſs
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Side 104 - ... be lawful for the lord chancellor, lord keeper or commissioners for the custody of the great seal of Great Britain for the time being, to award to any creditor or creditors petitioning another commission ; and such person or persons...
Side 95 - The plaintiff was a printseller in Piccadilly ; and the action was brought to recover the value of a quantity of caricature prints, sold by him to the defendant. The order, as proved to have been given by the defendant to the plaintiff, was, " For all the caricature prints that had ever been published.
Side 207 - Ellenborough said there was no foundation for the set-off claimed, as the sum claimed was unliquidated damages ; that a guarantee was a contract of indemnity, it was to make good the default of another party for whom the guarantee was given ; that...
Side 94 - The defendant relies on the circumstances, that they are of an execution very inferior to the specimens exhibited, and which the plaintiff undertook to paint conformable to. Where an artist exhibits specimens of his art and skill as a painter, and affixes a certain price to them, if a person is induced to order a picture from an approbation of such specimens, and the execution of it, when delivered, is inferior to the specimen exhibited, he has a right to refuse to receive it...
Side 181 - ... the share was in the nature of wages, unliquidated at the time, but capable of being reduced to a certainty on the sale of the oil, which had taken place : and that he should not therefore consider them as partners, but as entitled to wages to the extent of their proportion in the produce of the voyage.
Side 125 - But where it is merely opinion on the fimilitude of the writing collected from barely comparing them, the jury may compare them as well as any body elfe, and any two people may think differently.
Side 191 - I conceive the law to be that, though that which is spoken or written may be injurious to the character of the party, yet if done bona fide, as with a view of investigating a fact in which the party making it is interested, it is not libellous.
Side 95 - For prints, whose objects are general satire or ridicule of prevailing fashions or manners, I think the plaintiff may recover; but I cannot permit him to do so for such whose tendency is immoral or obscene; nor for such as are libels on individuals, and for which the plaintiff might have been rendered criminally answerable for a libel.
Side 57 - ... would be at once to paralyze the circulation of all the paper in the country, and with it all its commerce. The circumstance of the bill having been lost might have been material, if they could bring knowledge of that fact home to the plaintiffs.
Side 68 - ... saying, that the defendant need not produce the money, as he would not accept it; for, though the plaintiff might refuse the money at first, if he saw it produced, he might be induced to accept of it.