A Selection of Leading Cases on Pleading and Parties to Actions: With Practical Notes Elucidating the Principles of Pleading (as Exemplified in Cases of Most Frequent Occurrence in Practice) by a Reference to the Earliest Authorities : and Designed to Assist Both the Practitioner and the StudentV. & R. Stevens and G.S. Norton, 1847 - 271 sider |
Andre utgaver - Vis alle
A Selection of Leading Cases on Pleading and Parties to Actions: With ... W. Finlason Ingen forhåndsvisning tilgjengelig - 2018 |
A Selection of Leading Cases on Pleading and Parties to Actions: With ... W. Finlason Ingen forhåndsvisning tilgjengelig - 2015 |
Vanlige uttrykk og setninger
acceptance acceptor admission adverted agent agreed agreement alleged allocatur amount ancient appears arrear assent assigned assumpsit authorities averment bill of exchange cause of action chose in action cited common law Comyn's Digest confession and avoidance consideration contract count Court coverture creditor Curiam debt debtor decision declaration deed defendant pleaded defendant's delivered delivery demise demurrer discharge disclosed distinction doctrine drawer estoppel eviction evidence facie fact fendant Fisher forbear fraud ground Heddy held Henry Henry VI holder implied indebted indorsed to plaintiff Ingham instrument lease lessee lessor liable ment non est factum notice observed occupation original paid party payable payee payment Peacock plain plea possession principle promise to pay promissory note proved reason received recover rent replication right of action satisfaction sideration statute sufficient surrender tenant term thereof tiff tion took the bill transfer traverse verdict
Populære avsnitt
Side 246 - ... for that is a loose expression, but to the plaintiff himself, or under such circumstances of publicity as to satisfy a jury that the plaintiff knew of it and believed him to be a partner, he would be liable to the plaintiff in all transactions in which he engaged and gave credit to the defendant, upon the faith of his being such partner.
Side 189 - ... from his lessor, it would not at all alter the case to show that there was no intention to surrender the particular estate, or even that there was an express intention to keep it unsurrendered. In all these cases the surrender would be the act of the law, and would prevail in spite of the intention of the parties. These principles are all clearly deducible from the cases and doctrine laid down in Rolle, and collected in Viner's Abridgment, tit. " Surrender,
Side 11 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Side 16 - A party, who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact which he can contradict, cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving.
Side 159 - March, 1836, a large sum of money, to wit, the sum of 66¿. 5*. for two quarters of a year of the said term, ending on the day and year last aforesaid, and then last elapsed, became and was due and still is in arrear to the plaintiff...
Side 33 - Attorney-General attempted to shew that the defendants knew the bill had been unfairly obtained, and, having failed in that proof, he gave up the cause, and the plaintiff recovered. The argument on the part of the present defendants would extend to all cases of fraud and imposition, as well as theft, and would stop the currency of bills of exchange, because it would render it necessary for every indorsee to insist upon proof of all the circumstances, and the manner in which the bill came to the indorser....
Side 260 - ... when the evidence is laid before them for their consideration. Such an intended association constitutes no agreement to share in profit or loss, which is the characteristic of a partnership. It would be absurd to suppose that such a relation could be meant to be created by any of those who consented to act. Could it be imagined that a person would agree to be a partner, not only with those who were then named committee-men, but any that should afterwards be named by themselves, or by the projector...
Side 189 - ... an act done by or to the owner of a particular estate, the validity of which he is estopped from disputing, and which could not have been done if the particular estate continued to exist. The law there says, that the act itself amounts to a surrender. In such case it will be observed there can be no question of intention. The surrender is not the result of intention. It takes place independently, and even in spite of intention.
Side 246 - I have already said that the partners give to each other an implied authority to bind the rest to a certain extent. But if a person agree to become a partner at a future time with others, provided other persons agree to do the same, and advance stipulated portions of capital, or provided any other previous conditions are performed, he gives no authority at all to any other individual, until all those conditions are performed.
Side 189 - It is needless to multiply examples : all the old cases will b*e found to depend on the principle to which we have adverted, namely, an act done by or to the owner of a particular estate, the validity of which he is estopped from disputing, and which could not have been done if the particular estate continued to exist.