Mercantile Cases: Reports of Cases Relating to Commerce, Manufactures, &c. &c. Determined in the Courts of Common Law, at Nisi Prius and in Banc, in 1828-1829. With Practical Notes, Teil 10

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A. Strahan, 1830 - 350 Seiten

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Seite 88 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Seite 59 - 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...
Seite 60 - ... that in actions to be commenced against two or more such joint contractors, or executors or administrators, if it shall...
Seite 59 - ... 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 or others of them. Provided always, that nothing therein contained shall alter or take away, or lessen the effect of any payment of any principal or interest, made by any person whatsoever.
Seite 59 - 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...
Seite 288 - A verdict was found for the defendant, leave being reserved to the plaintiff to move to enter a verdict for the amount of the bill.
Seite 60 - And be it further enacted, that if any defendant or defendants in any action on any simple contract shall plead any matter in abatement, to the effect that any other person or persons ought to be jointly sued, and issue be joined on such plea, and it shall appear at the trial that the action could not, by reason of the said recited Acts or...
Seite 196 - The buyer's^ right in respect of the price is not a mere lien which he will forfeit if he parts with the possession, but grows out of his original ownership and dominion, and payment or a tender of the price is a condition precedent on the buyer's part, and until he makes such payment or tender he has no right to the possession.
Seite 60 - ... behalf of the party to whom such payment shall be made, shall be deemed sufficient proof of such payment, so as to take the case out of the operation of either of the said statutes.
Seite 25 - ... shall acquire no further or other right, title or interest in or upon or to the said goods, wares or merchandize, or any...

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