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act of bankruptcy action of assumpsit action was brought admissible admitted agreement answered appeared arrest assignees attorney bankrupt bill of exchange brought to recover called charge Chief Justice circumstances claimed contended contract Court coverture creditors debt declaration deed defendant defendant's counsel delivered demand demurrage dence discharge Erskine Espinasse execution fendant Garrow Gibbs given in evidence indorsed issue John Pym KING'S BENCH lease liable Lord George Thynn Lord Ken Lord Kenyon ruled Lord Mansfield Lordship ment Michaelmas Mingay NISI PRIUS nonsuited notice objected opinion paid partner party payment person plaintiff proved plaintiff's counsel Plea pleaded possession premises present action produced promissory note question received relied rent Serjeant Serjt set-off Shepherd sheriff shew ship SITTINGS AFTER TERM sold statute statute of frauds sufficient taken tenant TERM AT GUILDHALL Term Rep tion transaction trover usury Vide witness writ
Side 119 - Eliz. were grown into blades, the defendant, in consideration that the plaintiff, at the special instance and request of the said...
Side 132 - Where a debtor to the plaintiff, being sued by the plaintiff, pending the suit and before execution, being insolvent, executed an assignment of all his effects to trustees for the benefit of all his creditors, under which possession was immediately taken : — Held, that the assignment was not fraudulent within 13 Eliz.
Side 2 - ... assignment of all his property to a trustee for the benefit -of his creditors...
Side 57 - When a lease is expired, the tenant's responsibility is not at an end; for if the premises are in possession of an under-tenant, the landlord may refuse to accept the possession, and hold the original lessee liable; for the lessor is entitled to receive the absolute possession at the end of the term.
Side iv - A verdict was taken for the plaintiff, with liberty to the defendant to move to set it aside and enter a non-suit.
Side 723 - ... for which he had charged extravagantly. The objection was taken that the money had been voluntarily paid, and so could not be recovered back again ; but, it appearing that the party could not do without the deeds, so that the money was paid through necessity, and the urgency of the case, it was held to be recoverable.
Side 614 - Hardwicke had been of opinion, that in order to stop goods in transitu, there must be an actual possession of them obtained by the consignor, before they come to the hands of the consignee; but that rule had since been relaxed ; and it was now held, that an actual possession was not necessary, that a claim was sufficient, and to that rule he subscribed.
Side 193 - ... be left to the jury to say whether it was intended by the defendant, at first, to be a valid agreement on his part, or as only containing proposals in writing, subject to future revision (w) : and if the aid of equity be sought, these circumstances would have equal weight with the Court.