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accept accordingly action for money action of assumpsit action of indebitatus action was brought afterwards agent agreed agreement amount annuity appeared assignment assumpsit for money attorney bankrupt bill of exchange bill of lading bond broker buyer Campb carrier consideration consignee contract court of equity covenant creditor damages debt declared defendant defendant's delivery deposit determined East Rep entitled to recover evidence expence feme covert fendant given held horse indebitatus assumpsit indorsement judgment jury King's Bench letter liable Lord Ellenborough Ch Lord Kenyon Ch Lord Mansfield money paid nonsuit notice opinion parties partner partnership payment performed plaintiff principal promise to pay promissory note proved purchase quantum meruit received recover back refused rent rule sell seller servant ship sold and delivered statute of frauds Taunt Term Rep thereof transaction trial trover vendee vendor verdict Vide void warranty wharfinger wife
Side 190 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Side 176 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so.
Side 344 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
Side 23 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Side 81 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Side 42 - ... 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.
Side 42 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Side 587 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.