A Selection of Leading Cases on Various Branches of the Law: With Notes, Band 1John William Smith A. Maxwell, 1841 |
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Seite 33
... fact , part and parcel of the grant ; in which case , Lord Holt himself had admitted , that " it would be another matter . " With respect to the accuracy of the report in Mod . , I must repeat , that there seems little reason for ...
... fact , part and parcel of the grant ; in which case , Lord Holt himself had admitted , that " it would be another matter . " With respect to the accuracy of the report in Mod . , I must repeat , that there seems little reason for ...
Seite 33
... fact , part of the grant , but that , even if there had been no covenant , the defendant was guilty of a wrongful act , when he obstructed and injured the plaintiff's watercourse , subject to which he took his own estate , and of the ...
... fact , part of the grant , but that , even if there had been no covenant , the defendant was guilty of a wrongful act , when he obstructed and injured the plaintiff's watercourse , subject to which he took his own estate , and of the ...
Seite 53
... fact . ( d ) But upon such a justification by force of any proceeding in the Admiral Court , hundred or county , & c . , or any other which is not a court of record , there de injuriâ suâ propriâ generally is good , for all is matter of ...
... fact . ( d ) But upon such a justification by force of any proceeding in the Admiral Court , hundred or county , & c . , or any other which is not a court of record , there de injuriâ suâ propriâ generally is good , for all is matter of ...
Seite 56
... facts so put in issue constitute one cause of defence , which , as it seems to me , they always will , where the ... fact in issue . I am compelled , there- fore , however reluctantly , to come to the conclusion that the pleas in bar ...
... facts so put in issue constitute one cause of defence , which , as it seems to me , they always will , where the ... fact in issue . I am compelled , there- fore , however reluctantly , to come to the conclusion that the pleas in bar ...
Seite 58
... facts alleged in the plea , and we now find that this has been decided by the Court of Exchequer . But as it has been ... fact the goods and chattels of P. and C. , and of the plaintiff , jointly , ) on the terms of the said goods and ...
... facts alleged in the plea , and we now find that this has been decided by the Court of Exchequer . But as it has been ... fact the goods and chattels of P. and C. , and of the plaintiff , jointly , ) on the terms of the said goods and ...
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Häufige Begriffe und Wortgruppen
act of bankruptcy action of trespass aforesaid afterwards agree agreement alteration answer appears assignment assumpsit authority bailee bailment bankrupt bill of exchange bill of lading Bing Bingh bona bond brought cited commission common law consignee consignor contract conviction court court of equity covenant creditors custom damage debt declaration deed defendant defendant's delivered demise demurrer distrained Eliz equity evidence execution fide fraud held Holt indorsement injury issue John Rudge judge judgment jury laid land lease lessee lessor liable Lord Chief Justice Lord Coke Lord Mansfield matter ment Minorca mortgagee mortgagor non est factum notice objection opinion paid parliament party payment person plaintiff plea pleaded possession promise proved question Raym reason received recover rent replication respect rule Salk says sheriff statute sufficient tenant term thereof thing tion trade transitu trespass trial trover Tyrwh vendee verdict Vide void words writ
Beliebte Passagen
Seite 129 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Seite 99 - ... (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 or to assigns freight for the said goods with primage and average accustomed.
Seite 140 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Seite 88 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing; for else these carriers might have an opportunity of undoing all persons that had any dealings with them, by combining with thieves, &c., and yet doing it in such a clandestine manner as would not be possible to be discovered. And this is the reason the law is founded upon...
Seite 91 - It is imposed by the law, even where the service is gratuitous. "The confidence induced by undertaking any service for another, is a sufficient legal consideration to create a duty in the performance of it.
Seite 140 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Seite 278 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. 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...
Seite 165 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Seite 306 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
Seite 176 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.