Reports of Cases Determined at Nisi Prius,: In the Courts of King's Bench and Common Pleas, and on the Home Circuit, from the Sittings After Michaelmas Term, 48 Geo. III. 1807, to the Sittings After Michaelmas Term, 49. Geo. III. 1808, Both Inclusive, Volum 3A. Strahan, 1809 |
Vanlige uttrykk og setninger
acceptor action againſt affignees affured afterwards Amelia Island anſwer Attornies bankrupt bankruptcy bill of exchange bill of lading buſineſs cafe Campb captain cargo caufe cauſe charter-party circumſtances commiffion confideration contended contract counſel courſe court debt declaration defendant defendant's delivered diſcharged drawer Eaft entitled evidence fafely faid fale fame fecurity fendant fent fhall fheriff fhew fhip fhould fide figned firſt fold fome freight ftamp ftated ftatute fubject fuch fufficient Garrow himſelf houfe houſe iffue indictment indorfed infifted infurance intereft jury leffor liable licence lofs London Lord ELLENBOROUGH Lord ELLENBOROUGH.-I Marryat muft muſt neceffary notice owner paffed paid Park parties payment perfon Plaintiff nonfuited poffeffion policy of infurance port prefent premiſes premium prifoner proved purchaſer purpoſe queſtion reaſonable received recover refpect refuſed regiſter Ruffia ſaid Scarlett ſhall ſhe ſhip ſtamp ſtated thefe theſe trover underwriters unleſs uſe verdict Vide voyage witneſs
Populære avsnitt
Side 104 - ... shall be pleaded or given in evidence in any Court, or admitted in any Court to be good, useful or available in law or equity...
Side 318 - ... in London. To the plaintiffs, therefore, from whom the consideration moves, and to whom the promise is made, the defendant is liable for the non-delivery of the goods. After such a bill of lading has been signed by his agent, he cannot say to the shippers they have no interest in the goods, and are not damnified by his breach of contract. I think the plaintiffs are entitled to recover the value of the goods, and they will hold the sum recovered as trustees for the real owner.
Side 133 - ... executors, administrators, and assigns, shall and will, from time to time, and at all times during the continuance of the term hereby granted...
Side 219 - Without the word any it might perhaps have been confined to one dealing to the amount of 300/. ; but, as it is actually worded. I am of opinion it remained in force while the parties continued to deal on the footing established when it was given.
Side 154 - Where an article is sold with all faults, I think it is quite immaterial how many belonged to it within the knowledge of the seller, unless he used some artifice to disguise them, and to prevent their being discovered by the purchaser. The very object of introducing such a stipulation, is to put the purchaser on his guard, and to throw upon him the burthen of examining all faults, both secret and apparent.
Side 491 - There one of two partners drew bills of exchange in his own name, which he procured to be discounted with a banker, through the medium of the same agent who procured the discount of other bills drawn in the partnership firm with the same banker ; and it was held that the latter had no remedy against the partnership, either upon the bills so drawn by the single...
Side 113 - ... hath lost and been deprived of divers great gains and profits, which might and otherwise would have arisen and accrued to him from the delivery of the said goods to the said plaintiff as aforesaid, to wit, at &c.
Side 412 - ... by the seller. Before the defendant can be charged in the present instance, he must be put into a situation to resort to the wharfinger for his indemnity. But no receipt was taken for the chairs: they were not booked; and no person belonging to the wharf is fixed with a privity of their being left there. The plaintiff was bound to procure them to be booked, or to deliver them to the wharfinger himself, or some person who can be proved to be his agent for the purpose of receiving them.
Side 84 - As a general rule, therefore, it is to be understood that where no fraud has been committed, where no fraud has been meditated, as far as appears, and where the parties have been prevented from carrying the licence into literal execution by a power which they could not control, they shall be entitled to the benefit of its protection, although the terms may not have been literally and strictly fulfilled.
Side 460 - ... in London, where it was made payable by the acceptors; without at all considering the effect of an acceptance making the bill payable at a particular place, where it was drawn, without any mention of a place of payment, there could be no doubt, that where a particular place of payment is...