Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840-1845].S. Sweet, 1845 |
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Side 7
... jury , and it was agreed that the Court should decide whether the assured were dis- charged by the alleged delay . We have , therefore , read the evidence given by the captain and his mate as to the circumstances under which the ship ...
... jury , and it was agreed that the Court should decide whether the assured were dis- charged by the alleged delay . We have , therefore , read the evidence given by the captain and his mate as to the circumstances under which the ship ...
Side 11
... jury having returned a verdict for the plaintiff , da- mages 507- Channell , Serjeant , now moved to enter a nonsuit . - The words charged are not actionable per se . In Comyns's Digest , Action upon the Case for Defamation ( D. 29 ) ...
... jury having returned a verdict for the plaintiff , da- mages 507- Channell , Serjeant , now moved to enter a nonsuit . - The words charged are not actionable per se . In Comyns's Digest , Action upon the Case for Defamation ( D. 29 ) ...
Side 12
... jury having found that the bill of sale was bonâ fide executed in pursuance of the prior contract : -Held , that the defendant was not responsible for repairs done to the ship upon the order of Bishop between the 11th of June and the ...
... jury having found that the bill of sale was bonâ fide executed in pursuance of the prior contract : -Held , that the defendant was not responsible for repairs done to the ship upon the order of Bishop between the 11th of June and the ...
Side 16
... jury to say whether or not the defend- ant had parted with her beneficial interest in the vessel before the order was given for the repairs , and whether the contract with Virtue in the month of June , 1840 , was a bonâ fide one : and ...
... jury to say whether or not the defend- ant had parted with her beneficial interest in the vessel before the order was given for the repairs , and whether the contract with Virtue in the month of June , 1840 , was a bonâ fide one : and ...
Side 17
... jury , Abbott , C. J. , said : " It is in evidence that , at the time when the repairs were done , Leake's name remained upon the regis- ter as a security for the payment of the purchase - money of his share which he had agreed to sell ...
... jury , Abbott , C. J. , said : " It is in evidence that , at the time when the repairs were done , Leake's name remained upon the regis- ter as a security for the payment of the purchase - money of his share which he had agreed to sell ...
Vanlige uttrykk og setninger
action affidavit aforesaid afterwards agent agreement alleged amount appears Appellant appointed Aspinall assigns assumpsit attorney authority bailiff barrister bill of lading borough cargo charges coals COLTMAN commencement commissioners contract costs count Court covenants Cresswell damages debt deed defendant defendant's delivered delivery demise demurrer discharged Dowl duly entered entitled estoppel evidence execution executors fendant given heirs held indorsed intention issue judgment jury land lease letters patent list of voters London Lord Maule ment Michael Mason nonsuit opinion overseers paid parish party payment person plaintiff plaintiffs in error plea pleaded port Port Clarence port of London premises question received rent respect Respondent rule Serjeant sheriff shew cause ship signed statute sufficient tenant term testator therein thereof Thomas Tindal tion trial verdict Vict vote wharf William words writ writ of right writ of summons
Populære avsnitt
Side 807 - Pounds over and above all Rents and Charges payable out of or in respect of the same...
Side 252 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Side 152 - ... provided always, that nothing herein contained shall alter, or take away, or lessen the effect of any payment of any principal or interest made by any person whatsoever...
Side 152 - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Side 484 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Side 603 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Side 488 - The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed ; and this has been done upon the principle of presumption, that, in such transactions, the parties did not mean to express in writing the whole of the contract by which they intended to be bound, but a contract with reference to those known usages.
Side 152 - ... joint contractors, or executors, or administrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by either of the said recited acts, or this act, as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, or promise, or otherwise, judgment may be given, and (/) Per Tindal, CJ, Haydon v.
Side 152 - Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby; and that where there shall be Two or more Joint Contractors, or Executors or Administrators of any Contractor, no such Joint Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other...
Side 394 - Act committed for which such Action or Suit shall be so brought ; and every such Action shall be brought, laid, and tried...