 In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt...  Cases in the Court of Common Pleas and Exchequer Chamber - Side 242av Great Britain. Court of Common Pleas, John Scott - 1839Uten tilgangsbegrensning - Om denne boken
 | 1833 - 560 sider
...bailment or employment as would raise a promise in law to the effect alleged, but not of the breach. In an action of indebitatus assumpsit for goods sold and delivered, the plea of non-assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action... | |
 | 1837 - 972 sider
...Martin, contra. — According to the first rule of Hilary term, 4 Will. 4, and the example, that " in an action of indebitatus assumpsit for goods sold...denial of the sale and delivery in point of fact," this plea is clearly good, for the defence it sets out could not be given in evidence under non assumpsit,... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 sider
...bailment or employment as would raise a promise in law to the effect alleged; but not of the breach. In an action of indebitatus assumpsit for goods sold...denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the... | |
 | Great Britain. Bail Court - 1834 - 924 sider
...bailment or employment as would raise a promise in law to the effect alleged, but not of the breach. In an action of indebitatus assumpsit for goods sold...denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the... | |
 | England, Great Britain - 1834 - 254 sider
...bailment or employment as would raise a promise in law to the effect alleged, but not of the breach. In an action of indebitatus assumpsit, for goods sold...denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the... | |
 | Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 sider
...alleged may be implied by law," and amongst the examples given under this rule is the following : — " In an action of indebitatus assumpsit for goods sold...denial of the sale and delivery in point of fact." From this rule, illustrated by the example quoted, it seems that a defence, such as that contained... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - 1834 - 924 sider
...a promise the effect alleged, but not of the breach, action of indebitatus assumpsit for goods sold delivered, the plea of non assumpsit will operate...denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 sider
...breacb. . . , In an action of indcbitatus assumpiit for goods sold and delivered, the plea of it. in assumpsit will operate as a denial' of the sale and delivery in point of fact; in the like action for money bad and received, it will operate as a denial both of the receipt of the... | |
 | Thomas Edlyne Tomlins - 1835 - 862 sider
...would raise a promise in law to the effect alleged, but not of the breach. In an action of indcbilatis England, wiihout the consent of parliament. 3. That no person who should hereafter come to ; in the like action for money had and received, it will operate as a denial both of the receipt of... | |
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