Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Volum 2J. Butterworth and Son, 1819 |
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Side 51
... action no money was actually paid on the band : Held that , until he had paid money upon the bond , he could not maintain an action for money paid , in order to recover contribution against any of the other makers of the original note ...
... action no money was actually paid on the band : Held that , until he had paid money upon the bond , he could not maintain an action for money paid , in order to recover contribution against any of the other makers of the original note ...
Side 52
... action . The question for the opinion of the Court was , whe- ther , under the circumstances , this action for money paid to the defendant's use could be maintained . Reader , for the plaintiff . The question in this case is , whether ...
... action . The question for the opinion of the Court was , whe- ther , under the circumstances , this action for money paid to the defendant's use could be maintained . Reader , for the plaintiff . The question in this case is , whether ...
Side 53
... action to be stated with great accuracy . Richardson , contrà . This action is not maintainable : if any action lie , it must be for money paid ; but as no money has , as yet , been paid , the action cannot now be sustained . Barclay v ...
... action to be stated with great accuracy . Richardson , contrà . This action is not maintainable : if any action lie , it must be for money paid ; but as no money has , as yet , been paid , the action cannot now be sustained . Barclay v ...
Side 54
... action , has been held not sufficient for that purpose , Maddock v . Hammett ( c ) . So goods cannot be considered as money , Moore v . Pyrke ( d ) ; except where all parties agree to consider them as such : but in this case there is no ...
... action , has been held not sufficient for that purpose , Maddock v . Hammett ( c ) . So goods cannot be considered as money , Moore v . Pyrke ( d ) ; except where all parties agree to consider them as such : but in this case there is no ...
Side 55
... action cannot be maintained . HOLROYD J. I am of the same opinion . In order to support this action the debt must have been extin- guished either by an actual or a virtual payment of money by the plaintiff to the defendant's use . There ...
... action cannot be maintained . HOLROYD J. I am of the same opinion . In order to support this action the debt must have been extin- guished either by an actual or a virtual payment of money by the plaintiff to the defendant's use . There ...
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ABBOTT C. J. acceptance act of parliament action affidavit appears apply appointment argued assignee ASSUMPSIT authority bail bankrupt barratry BAYLEY Bickley bill of exchange Birmingham canal navigations bond borough brokers Broxwood canal cargo charter-party cited clause commissioners considered contended contrà contract Court covenant daughter Debenham debt declaration deed defendant delivered demised discharged Douglas Navigation entitled to recover estoppel execution expressly freehold freight freighter given grant heirs held HOLROYD Huggate Inhabit issue judgment jury justices KING lands latter learned Judge lease lessee lessor liable Liverpool Lord Lord Ellenborough loss master ment Mowbray navigation Netherthong nonsuit notice opinion owner paid parish party pauper payment person plaintiff plea Polesworth possession premises purpose question received refused rent rule sessions settlement sheriff shewed cause ship statute tenant term testator township trial trustees TWYNAM verdict voyage Walsall wife words writ
Populære avsnitt
Side 656 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Side 636 - Will. 4, c. 76, to shew cause why a writ of mandamus should not issue, directed to them, commanding them to obey a certain order, under the hands and seals of the Poor Law Commissioners, &c.
Side 63 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Side 522 - ... by reason of some defects in the law poor people are not restrained from going from one parish to another, and therefore do endeavour to settle themselves in those parishes where there is the best stock, the largest commons or wastes to build cottages, and the most woods for them to burn and destroy, and when they have consumed it then to another parish, and at last become rogues and vagabonds, to the great discouragement of parishes to provide stocks where it is liable to be devoured by strangers...
Side 410 - ... over, within the custom of merchants, to any other person; and that such person to whom the sum of money mentioned in such note is payable, cannot maintain an action, by the custom of merchants, against the person who first made and signed the same...
Side 133 - A factor is a person to whom goods are consigned for sale by a merchant residing abroad or at a distance from the place of sale ; and he usually sells in his own name...
Side 619 - ... sealed and delivered, in the presence of, and attested by two or more credible witnesses...
Side 412 - Lincoln assizes a verdict was found for the plaintiff, with 60/. damages, subject to the opinion of the court on the following case : — The defendant occupied a farm, consisting of a messuage, cottages, barn, stables, out-houses, and lands, at Bigby, in the county of Lincoln, under a lease from the plaintiff for...
Side 524 - ... appeal to the next General Quarter Sessions of the Peace, to be held for the said county, riding or division, city or town corporate, who, upon hearing of the said appeal, shall have full power finally to determine the same.
Side 782 - But where acts are done or omitted by the owner of the inheritance, and persons dealing with him as to the land, which ought not reasonably to be done or omitted, if: the term existed in the hands of a trustee, and if there do not appear to be any thing that should prevent a surrender from having been made; in such. cases, the things done or omitted may most reasonably be accounted for by supposing a surE render of the terra, and therefore a surrender may be presumed : We think there are Such things...