An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 pages |
Contents
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Common terms and phrases
acceptance acceptor act of bankruptcy action brought action for money afterwards agreement appear arrest assignees assumpsit averred bankrupt Baron and Feme bill of exchange bond breach Buller Burr Camp carrier cause of action commission common common carrier consideration contract court covenant coverture Cowp creditor damages debt deed defendant pleaded defendant's delivered demurrer discharged Doug drawer East East's Eliz endorser entitled evidence execution executor feme feme covert fendant given holden Holt C. J. husband and wife judgment jury latitat lease lessee liable Lord Ellenborough C. J. Lord Hardwicke Lord Kenyon C. J. ment necessary non est factum notice opinion paid party payable payee payment person plaintiff plea promise to pay promissory note prove received recover rent rule Salk sheriff shew stat statute sued sufficient tender testator tion trade trespass usury verdict void Wils writ
Popular passages
Page 441 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Page 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Page 462 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Page 457 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Page 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Page 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Page 409 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Page 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Page 230 - That where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...