An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 sider |
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Side 44
... promise or undertaking is founded , proceeding from the other party . Sometimes the promise is expressed by the party , and sometimes it is raised by implication of law . In the former case , it is termed an express , in the latter , an ...
... promise or undertaking is founded , proceeding from the other party . Sometimes the promise is expressed by the party , and sometimes it is raised by implication of law . In the former case , it is termed an express , in the latter , an ...
Side 45
... promise , for want of a sufficient consideration , because B. might immediately determine his wili * . So where the testator had committed to the care of the defendant his children ' , and the disposition of his goods , during their ...
... promise , for want of a sufficient consideration , because B. might immediately determine his wili * . So where the testator had committed to the care of the defendant his children ' , and the disposition of his goods , during their ...
Side 46
... promise made by the master , when a ship was in distress , to pay an extra sum to a mariner as an inducement to extraordinary exertion on his part , has been holden to be void ; because a seaman is bound to exert himself to the ut- most ...
... promise made by the master , when a ship was in distress , to pay an extra sum to a mariner as an inducement to extraordinary exertion on his part , has been holden to be void ; because a seaman is bound to exert himself to the ut- most ...
Side 47
... promise by the defendant to pay that sum , it became the proper debt of the plaintiff , and the action for it maintainable in his own name , without being named execu- And ( by Yelverton Justice ) although the less sum is not any ...
... promise by the defendant to pay that sum , it became the proper debt of the plaintiff , and the action for it maintainable in his own name , without being named execu- And ( by Yelverton Justice ) although the less sum is not any ...
Side 48
... promise made , in consi- deration of forbearance of suit , an objection will not be al lowed , after verdict , that ... promise hi- therto , yet defendant refused to pay special demurrer , as- signing for causes , that it was not alleged ...
... promise made , in consi- deration of forbearance of suit , an objection will not be al lowed , after verdict , that ... promise hi- therto , yet defendant refused to pay special demurrer , as- signing for causes , that it was not alleged ...
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Vanlige uttrykk og setninger
acceptance acceptor act of bankruptcy action brought action for money adjudged afterwards agreement appear arrest assigned assumpsit averred bankrupt bill of exchange bond breach Buller Burr Camp carrier Carth cause of action cited commission common law consideration contract court covenant coverture Cowp creditor damages deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz endorser evidence execution executor feme covert fendant given heir holden Holt C. J. indenture Inst issue judgment jury land latitat lease lessee lessor liable Lord Ellenborough C. J. Lord Hardwicke Lord Mansfield marriage ment non est factum notice observed opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient tenant testator tion trade trespass usury verdict void Wils writ
Populære avsnitt
Side 443 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Side 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Side 464 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Side 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Side 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Side 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Side 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Side 411 - 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.
Side 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Side 230 - That where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...