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 Hilary Term, 56 Geo. III. 1816], Volum 2

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Side 42 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Side 522 - If the horse emits a loud noise, which is offensive to the ear, merely from a bad habit which he has contracted, or from any cause which does not interfere with his general health or muscular powers, he is still to be considered a sound horse. On the other hand, if the roaring proceeds from any disease or organic infirmity which renders him incapable of performing the usual functions of a horse, then it does constitute unsoundness.
Side 81 - There was a difference between a contract to carry goods, and a contract to carry passengers. For the goods the carrier was answerable at all events. But he did not warrant the safety of the passengers. His undertaking as to them went no farther than this, that as far as human care and foresight could go, he would provide for their safe conveyance.
Side 162 - If a man acknowledges the existence of a debt, barred by the statute, the law has been supposed to raise a new promise to pay it, and thus the remedy is revived." And it may be affirmed that the general current of the English as well as the American authorities conforms to this view of the operation of an acknowledgment. In Jones v.
Side 146 - Davenport obtained a rule to shew cause why the verdict should not be set aside, and a nonsuit entered.
Side 169 - The consideration upon which a payment made to an importunate creditor of a debt actually due has been allowed to be valid, has not been that he might resort to a suit to enforce payment, but that his demand repels the presumption that the bankrupt upon the eve of bankruptcy made a distinction among his creditors, and spontaneously favoured one of them to the prejudice of the rest.
Side 314 - ... and in the usual and ordinary course of trade and dealing received by such person of any such bankrupt before such time as the person receiving the same shall know, understand, or have notice that he is become a bankrupt, or that he is in insolvent circumstances.
Side 343 - The malt is not yours, after acknowledging to hold it on his account. By so doing, they attorned to him ; and I should entirely overset the security of mercantile dealings, were I now to suffer them to contest his title.
Side 111 - I am quite clear, that this evidence from the plaintiff's books is inadmissible to prove that a bill was delivered according to the statute. I approve of the practice as to notices to quit, and I remember when the point was first ruled by Mr. Justice Wilson, who said that if a duplicate of the notice to quit was not of itself sufficient, no more ought a duplicate of the notice to produce, and thus notices might be required ad infinitum.
Side 133 - ... which he deposes. It is allowed, that he is a competent witness; and the consequence is inevitable, that if credit is given to his evidence, it requires no confirmation from another witness.

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