An abridgement of the law of nisi prius, Volum 1

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P. H. Nicklin & T. Johnson, 1838
 

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Innhold

Contracts founded in fraud
18
Of contracts in furtherance of immorality
21
Of contracts against public policy
22
Special damage 1357
23
The consideration
27
VTI Assumpsit is either special or general
44
Money had and received
45
Money paid
69
Work and labor
77
Goods sold and delivered
88
Account stated 98
97
Xni The declaration 103
106
SEC PAOE
124
The pleadings
125
Non assumpsit
127
Costs 1400
130
Accord and satisfaction
132
Infancy 134
133
Payment
145
CHAPTER XXII
154
Setoff
160
Tender
161
Payment of money into court
171
The declaration 1412
172
XXIL Replication
176
CHAPTER II
178
When a bill must be signed and delivered
184
HI When a bill need not be delivered
187
What is a sufficient signing and delivery of a bill
189
Defence
192
Liability of attorneys on their undertakings
194
Liability of attorneys for negligence
196
Liability of attorneys to third parties for misconduct 201
200
CHAPTER III
204
Assignment of the bankrupts property
241
Protected transactions
264
Actions by assignees
282
New assignment 1422
291
Pleadings 1447
295
Misrepresentation and concealment 1203
298
Actions against assignees
300
Evidence
303
Appearance of the defendant and proceedings thereupon 905
305
Crim con 1455
309
Who may be a witness
310
Actions by a bankrupt
314
Actions against bankrupts
317
Of the effect of a certificate
320
Costs 946
323
Second bankruptcy
332
Consolidation rule 1221
334
CHAPTER IV
335
Of the parties to a bill of exchange or promissory note
339
Of the form and requisites of a bill or noto
364
Of the stamp
376
Alteration 388
389
Transfer of a bill of exchange
395
TROVER
397
Of the consideration
472
The pleadings 1492
479
Usury
481
Action on a bill of exchange
484
Competency of witness 500
499
Interest
504
SEC PAGE I Who are common carriers
507
The commencement and termination of their risk
512
Liability of carriers by water statutes relating to
515
Liability of carriers by land
516
Of the privileges of carriers and herein of their lien
528
Actions against common carriers
530
Carriers of passengers
537
CHAPTER VI
541
When case is a concurrent remedy with trespass
547
A concurrent remedy with assumpsit
549
When case is a concurrent remedy with covenant
551
Nuisance
555
Obstruction of ancient lights 558
557
Injury to buildings
562
Watercourses
565
204
567
Right of way
570
209
585
Warrahty of Horses 1503
587
The declaration
592
Words actionable in themselves 1350
598
Of the pleadings
599
CHAPTER VII
601
Express covenants
603
Implied covenants
606
Qualified covenants
607
Of the construction of covenants
613
Personal covenants 618
vi
Covenants which run with the land 619
vii
Of the interest which an executor or administrator takes in the
viii
Covenants for quiet enjoyment 622
626
Covenants not to assign without license
629
235
630
241
632
Waiver of forfeiture for a breach of covenant
635
Void and illegal covenants
636
267
649
301
650
311
656
Of the action of covenant and the parties thereto
657
The parties in joint and several covenants
659
When the heir may be a party
663
317
666
When executors and administrators may be parties
667
The declaration 673
i
320
vi
Statement of the consideration
vii
Of the liability of an executor or administrator in respect of
xi
The 29 Car II c 3 s 17 and 9 G IV c 14 s
xiv
333
xvii
The pleadings 695
xviii
Fraudulent misrepresentation respecting the character or credit
xx

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Side x - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent: and so it is where no time is fixed for performance of that, which is...
Side 206 - ... within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels, or make or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to bo made any fraudulent gift, delivery, or transfer of any of his goods or chattels...
Side 318 - ... equally with the other creditors, deducting only thereout a rebate of interest at the rate of five pounds per centum per annum computed from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which it was contracted.
Side 297 - ... had and received by the defendant to the use of the plaintiff...
Side 275 - Debt, except in respect of any Execution or Extent served and levied by seizure upon, or any Mortgage of or Lien upon any part of the Property of such Bankrupt before tho Bankruptcy ; provided that no Creditor though for a valuable consideration, who shall sue out Execution upon any.
Side 206 - ... suffer himself to be arrested for any debt not due, or yield himself to prison, or suffer himself to be outlawed ; or procure himself to be arrested, or his goods, money, or chattels, to be attached, sequestered, or taken in execution...
Side 241 - ... if the assignees accept the same, shall not be liable to pay any rent accruing after the date of the commission, or to be sued in respect of any subsequent non-observance or non-performance of the conditions, covenants, or agreements therein contained : — And if the assignees decline the same, shall not be liable as aforesaid, in case he deliver up such lease or agreement to the lessor...
Side 516 - ... contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger in any mail or stage coach or...
Side 315 - Commission fifteen shillings in the pound, such certificate shall only protect his person from arrest and imprisonment, but his future estate and effects (except the tools of trade and necessary household furniture, and the wearing apparel of himself, his wife and children,) shall vest in the assignees under the said Commission...
Side 586 - As to the second point, the distinction is this ; if a servant driving a carriage, in order to effect some purpose of his own, wantonly strike the horses of another person, and produce the accident, the master will not be liable. But if, in order to perform his master's orders, he strikes but injudiciously, and in order to extricate himself from a difficulty, that will be negligent and careless conduct, for which the master will be liable, being an act done in pursuance of the servant's employment.

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