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Reports of Cases Argued and Adjudged in the Court of King's Bench: During ...
Great Britain. Court of King's Bench
Uten tilgangsbegrensning - 1812
action actually admitted aforesaid agreed appears argued bill bring brought bye-law cause charged cited claim common consideration considered corporation costs counsel court custom damages debt defendant delivered determined devise directed discharged doubt effect election entered error evidence execution fact former give given grant heirs indictment insisted insured intention interest intitled issue John judges judgment jury Justice land lease limited Lord MANSFIELD matter mayor meaning mentioned motion nature necessary never notice objection opinion paid parish parliament particular party peace person plaintiff plea pleaded possession premises present prove question reason received rule shew shew cause ship statute sufficient taken tenant term thing Thomas tion took trespass trial verdict versus vote warrant whole writ
Side 1266 - It was introduced to prevent disorder from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Side 3 - The reason of the rule, which obliges the parties to disclose, is to prevent fraud, and encourage good faith, it is adapted to such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect. The question, therefore, must always be, " whether there was, under all the circumstances, at the time the policy was underwritten, a fair statement, or a concealment : fraudulent, if designed, or, though not designed, varying materially the...
Side 1 - The keeping back such circumstance is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the under-writer is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.
Side 1787 - all such gifts, grants or deeds made by infants, which do not take effect by delivery of his hand, are void ; but all gifts, grants or deeds made by infants, by matter in deed or in writing, which do take effect by delivery of his hand are voidable, by himself, by his heirs and by those who have his estate.
Side 1332 - Election ; or if any person by himself, or any person employed by him, doth or shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure any person or persons to give his or their vote or votes, or to forbear to give his or their vote or votes, in any such Election...
Side 1658 - Hodiemi mores are such, that the old notion about the nudum pactum is not strictly observed as a rule. On a question of this nature, Whether by the law of nations such an engagement as this shall bind ? the law is to judge. The true reason why the acceptance of a bill of exchange shall bind, is not on account of the acceptor's having or being supposed to have effects in hand, but for the convenience of trade and commerce. Fides est servanda.
Side 1476 - All that is new in this act, is the clause which gives a summary jurisdiction for the punishment of the infractors of this law. The act of Parliament was made upon occasion of the Czar's ambassador being arrested. If proper application had been immediately made for his discharge from the arrest, the matter might and doubtless would have been set right. Instead of that, bail was put in, before any complaint was made.
Side 1281 - Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Side 7 - D'Estaigne being piloted by the Dutch, delivering the fort to the Dutch, and sending the prisoners to Batavia, is a confirmation of those grounds. And probably, the loss of the place was owing to the Dutch. The French could not have got up the river without Dutch pilots : and it is plain, the whole was concerted with them. And yet, at the time of underwriting the policy, there was no intimation about the Dutch. The reason why the counsel have not objected to his not disclosing the grounds of this...