Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Cases and Principal Matters, Том 1J. Butterworth and Son, 1827 |
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Страница 63
... drawer , the bill being refused acceptance - 2d , count for money paid - 3d , money had and received - 4th , Insimul bill of ex- computassent .-- Plea General Issue , and Set - off.- change with- in a fixed time , if during that This ...
... drawer , the bill being refused acceptance - 2d , count for money paid - 3d , money had and received - 4th , Insimul bill of ex- computassent .-- Plea General Issue , and Set - off.- change with- in a fixed time , if during that This ...
Страница 88
... Drawer , Seymour the drawer paid the Plaintiff 60l . 10s . as part of the cannot reco- contents ; the Defendant paid the residue with interest into than the resi- court , and pleaded the general issue . ver more due from the Acceptor ...
... Drawer , Seymour the drawer paid the Plaintiff 60l . 10s . as part of the cannot reco- contents ; the Defendant paid the residue with interest into than the resi- court , and pleaded the general issue . ver more due from the Acceptor ...
Страница 89
... Drawer had paid . Johnson v . Kennion , 2 Wils . 262 . Hawkins v . Cardy , Lord Raym , 360 . WILSON , J. - Mentioned the case of Beck v . Robley ( a ) , as being contrary to Bond's argument . Lord LOUGHBOROUGH . - When a bill of ...
... Drawer had paid . Johnson v . Kennion , 2 Wils . 262 . Hawkins v . Cardy , Lord Raym , 360 . WILSON , J. - Mentioned the case of Beck v . Robley ( a ) , as being contrary to Bond's argument . Lord LOUGHBOROUGH . - When a bill of ...
Страница 90
... Drawer having paid part , and the Acceptor the residue , the contract was at an end , the Ac- ceptor being the agent of the Drawer . There also my Brother Gould says , where the Drawer of a bill has paid part , you may indorse it over ...
... Drawer having paid part , and the Acceptor the residue , the contract was at an end , the Ac- ceptor being the agent of the Drawer . There also my Brother Gould says , where the Drawer of a bill has paid part , you may indorse it over ...
Страница 156
... drawers of a bill of exchange . Money paid , money had and received , account stated . Verdict for power given the Plaintiff . between 4 . B. and C. a to A. to re- ceive all debts owing to , and pay those owing from the late partnership ...
... drawers of a bill of exchange . Money paid , money had and received , account stated . Verdict for power given the Plaintiff . between 4 . B. and C. a to A. to re- ceive all debts owing to , and pay those owing from the late partnership ...
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Чести термини и фразе
acceptor action admitted advowson affidavit aforesaid afterwards appears appointed argument assignment assumpsit attorney bail bankrupt bill of exchange bond Caleb Lomax capture cited common law contract costs count Court of Admiralty Court of Vice-Admiralty covenant Coverham creditors custom damages debt declaration deed Defendant demurrer discharged drawer Edward Barker entitled execution executors Eyre feme covert fendant GIBSON and JOHNSON given granted heirs Henry Killigrew holden husband indorsement interest issue James Cook James Wright John White judgment jury Justice King King's land liable Livesey London Lord Lord Mansfield Lucy Killigrew ment MINET nonsuit opinion paid parish parties payee payment person Plaintiff plea pleaded possession present prize question recover rent rule Runnington seised Serjt sheriff shew cause ship special verdict statute taken tenant Term Rep thereof Thomas Thomas Gibson tion trespass vested vicarage Weston Harper wife William William Rawles writ
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Страница 54 - And when ye reap the harvest of your land, thou shalt not wholly reap the corners of thy field, neither shalt thou gather the gleanings of thy harvest.
Страница 277 - MANSFIELD.—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.
Страница 126 - ... which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the possession of his Majesty's arms, and who have not borne arms against the said United States.
Страница 126 - ... against any person or persons, for or by reason of the part which he or they may have taken in the present War ; and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property ; and that those who may be in confinement on such charges at the time of the Ratification of the Treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.
Страница 438 - on the same day and year last aforesaid, at London aforesaid, *' in the parish and ward aforesaid, (he the said George Tickner " Hardy so being a creditor of the said Peter James, and being " then wholly unsatisfied his debt) manifestly became a bank...
Страница 85 - ... for on the premises of the owner, an actual possession is given to the auctioneer and his servants by the owner, not merely an authority to sell. I have said a possession coupled with an interest: but an auctioneer has also a special property in him, with a lien for the charges of the sale, the commission, and the auction duty, which he is bound to pay.
Страница 439 - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick...
Страница 591 - ... woman be forcibly taken away, and married, she may be a witness against such her husband, in order to convict him of felony. For in this case she can with no propriety be reckoned his wife; because a main ingredient, her consent, was wanting to the contract: and also there is another maxim of law, that no man shall take advantage of his own wrong...
Страница 162 - If a man applies to a surgeon to attend him in a disorder for a reward, and the surgeon treats him improperly, there is gross negligence, and the surgeon is liable to an action. The surgeon would also be liable for such negligence, if he undertook gratis to attend a sick person, because his situation implies skill in surgery.