Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive, Volum 4;Volum 15J. Butterworth, 1815 |
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Side 82
... payment of the freight , out of which his remuneration is to arise ; otherwise he might be delayed in obtaining it , if upon their refusal to pay he was compelled to seek it through the medium of his principals . The same reasoning is ...
... payment of the freight , out of which his remuneration is to arise ; otherwise he might be delayed in obtaining it , if upon their refusal to pay he was compelled to seek it through the medium of his principals . The same reasoning is ...
Side 83
... pay the demurrage , whether it would not be a nudum pactum . MANSFIELD , C. J. This is certainly an action primæ im ... payment , he becomes liable to his owner for so doing ; it has been held , therefore , that he may maintain an ...
... pay the demurrage , whether it would not be a nudum pactum . MANSFIELD , C. J. This is certainly an action primæ im ... payment , he becomes liable to his owner for so doing ; it has been held , therefore , that he may maintain an ...
Side 87
... payment of the debt . ] If oppression had been the motive for suing , the defendant would not have limited his affi- davit of debt to 10l . Daw v . Swain is the first case of this de- scription , and it is there mentioned as an ...
... payment of the debt . ] If oppression had been the motive for suing , the defendant would not have limited his affi- davit of debt to 10l . Daw v . Swain is the first case of this de- scription , and it is there mentioned as an ...
Side 103
... payment . The plaintiff , at the time of drawing the bill , paid the full value for the same to Sir Wm . Forbes , J. Hun- ter and Co. , the drawers , but did not ask , or obtain , their con- sent , or that of the defendants , the ...
... payment . The plaintiff , at the time of drawing the bill , paid the full value for the same to Sir Wm . Forbes , J. Hun- ter and Co. , the drawers , but did not ask , or obtain , their con- sent , or that of the defendants , the ...
Side 119
... payment of demurrage , and having claimed and received the goods under it , subsequently to the plaintiff's refusal to deliver , could not now contest that contract . The plaintiff had notice of conflicting claims , and had no no- tice ...
... payment of demurrage , and having claimed and received the goods under it , subsequently to the plaintiff's refusal to deliver , could not now contest that contract . The plaintiff had notice of conflicting claims , and had no no- tice ...
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action affidavit afterwards annuity appeared assigned assumpsit attestation bail bankrupt bill of lading bond British broker cargo CHAMBRE cited committed contended contrà contract convoy costs count Court of King's court-martial covenant debt declaration deed defendant defendant's delivered demurrage discharged entitled evidence execution felony feme covert fendant granted ground HEATH held Hilary term House of Commons illegal indorsed intended judgment jury King's Bench Lens libel licence Lord Lord Ellenborough Mansfield ment nisi to set nonsuit obtained a rule opinion paid parish Parliament parties payment person Pillau plaintiff plaintiff in error plea pleaded port possession premises premium prisoner prosecutor proved purchase question received recover refused rent Rule absolute rule nisi sail Serjeant at Arms Serjt Shepherd sheriff shewed cause ship statute tenant thereof Thomas Wood tiff tion trial underwriters Vaughan verdict vessel voyage warrant witness words writ
Populære avsnitt
Side 116 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Side 138 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Side 364 - HOLMES delivered the opinion of the court. This is a writ of error brought to reverse a judgment of the...
Side 137 - ... is to complain thereof to the commanding officer of the regiment, who is hereby required to summon a regimental courtmartial, for the doing justice to the complainant; from which regimental court-martial either party may, if he thinks himself still aggrieved, appeal to a general court-martial; but if, upon a second hearing, the appeal shall appear to be vexatious and groundless, the person so appealing shall be punished at the discretion of the said general courtmartial.
Side 329 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...
Side 412 - And further we be informed by our judges that we at no time stand so highly in our estate royal, as in the time of Parliament; wherein we as head, and you as members, are conjoined and knit together into one body...
Side 534 - ... had and received by the defendant to the use of the plaintiff...
Side 356 - ... good name, fame, and credit, and to bring him into public scandal, infamy and disgrace with and amongst all his...