The Law Reports. Court of Exchequer: From Michaelmas Term, 1865, to Trinity Term, 1875, 2. köideT. and J. W. Johnson, 1867 |
From inside the book
Results 1-5 of 56
Page 37
... Breach , that although the defendant paid the plaintiffs a portion of the freight , & c . , yet he made default in paying the residue amounting to the sum of 677 . Third plea , that by the charterparty it was provided that the ...
... Breach , that although the defendant paid the plaintiffs a portion of the freight , & c . , yet he made default in paying the residue amounting to the sum of 677 . Third plea , that by the charterparty it was provided that the ...
Page 59
... breach of contract , for which the defendant is entitled to recover unliquidated damages . He cannot repudiate the contract , for he has accepted part of the goods under it , and for these he is liable according to its terms ; the ...
... breach of contract , for which the defendant is entitled to recover unliquidated damages . He cannot repudiate the contract , for he has accepted part of the goods under it , and for these he is liable according to its terms ; the ...
Page 74
... breach , that the defendants did not nor would appoint any such referee , but neglected and refused to do so . Second breach , that the defendants failed to appoint an arbitrator or referee according to the condition , or at all , for ...
... breach , that the defendants did not nor would appoint any such referee , but neglected and refused to do so . Second breach , that the defendants failed to appoint an arbitrator or referee according to the condition , or at all , for ...
Page 75
... breach of their agreement , whether they have or have not a beneficial interest . [ This point was conceded on the part of the defendants . ] Secondly , as to the first breach , the plea affords no answer . The terms of the ninth ...
... breach of their agreement , whether they have or have not a beneficial interest . [ This point was conceded on the part of the defendants . ] Secondly , as to the first breach , the plea affords no answer . The terms of the ninth ...
Page 76
... breach . This is not an " arbi- tration " within the meaning of the Common Law Procedure Act , 1854 , s . 11. In Collins v . Collins ( 5 ) it was held that a reference of the price simply of certain property to arbitrators does not ...
... breach . This is not an " arbi- tration " within the meaning of the Common Law Procedure Act , 1854 , s . 11. In Collins v . Collins ( 5 ) it was held that a reference of the price simply of certain property to arbitrators does not ...
Common terms and phrases
action agreed agreement alleged amount apply Attorneys for defendant Attorneys for plaintiff authority averment bank Bankruptcy Act bill of lading bind Bracewell BRAMWELL breach cable cargo CHANNELL charterparty cheque claim clause composition condition construction contended contract conveyance count Counties Railway Company Court of Exchequer covenant creditors damage debt debtor decision declaration deed defendant's delivered delivery demurrer discharged Eastern Counties Railway entered entitled evidence execution fact fraud freight given goit ground guarantee held indorsement intention joinder judgment jury KELLY L. J. Ex land Law Rep liable Liverpool Lord LORD DERBY loss Martin ment MIDHURST North Staffordshire Railway obtained opinion paid palace parties payment person Peter Christie PIGOTT plea pleaded promissory notes question reason recover referred release respect rule schedule shareholders shewed cause ship South Yorkshire Railway statute TAYLOR trustees ultra vires verdict Vict Western Railway words
Popular passages
Page 339 - And the said crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands...
Page 146 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 333 - 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.
Page 49 - Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction...
Page 9 - Subject to this condition, he may dam up the stream for the purpose of a mill, or divert the water for the purpose of irrigation. But he has no right to interrupt the regular flow of the stream, if he thereby interferes with the lawful use of the water by other proprietors, and inflicts upon them a sensible injury.
Page 264 - ... agent has conducted himself in doing the business which it was the act of his master to place him in
Page 232 - There is abundant authority for saying that Christianity is part and parcel of the law of the land...
Page 9 - ... for his domestic purposes and for his cattle; and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Page 157 - Any Contract which if made between private Persons would be by Law required to be in Writing, and...
Page 138 - Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Ship, etc., or any part thereof...