The Law Reports. Court of Exchequer: From Michaelmas Term, 1865, to Trinity Term, 1875, 2. köideT. and J. W. Johnson, 1867 |
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Results 1-5 of 63
Page 23
... proved ; and , secondly , that tender of the composition was put in issue by the replication and was not proved . A rule was afterwards obtained in pursuance of the leave reserved ; and also a rule calling on the defendant to shew cause ...
... proved ; and , secondly , that tender of the composition was put in issue by the replication and was not proved . A rule was afterwards obtained in pursuance of the leave reserved ; and also a rule calling on the defendant to shew cause ...
Page 24
... proved . As to the first point , the general averment of the per- formance of conditions precedent allowed by the Common Law Pro- cedure Act , 1852 , s . 57 , includes an averment of tender , if tender was necessary to the release in ...
... proved . As to the first point , the general averment of the per- formance of conditions precedent allowed by the Common Law Pro- cedure Act , 1852 , s . 57 , includes an averment of tender , if tender was necessary to the release in ...
Page 25
... prove a tender . The deed is made between the debtor and all his creditors , and they all absolutely and ... proved . Secondly , the release is qualified as well as conditional . It is confined to the scheduled debts , being ...
... prove a tender . The deed is made between the debtor and all his creditors , and they all absolutely and ... proved . Secondly , the release is qualified as well as conditional . It is confined to the scheduled debts , being ...
Page 28
... proved . This rule must accordingly be discharged . BRAMWELL , B. I am of the same opinion on both points . At the trial the defendant failed to prove his plea . An amendment was therefore necessary , and it having been made , I think ...
... proved . This rule must accordingly be discharged . BRAMWELL , B. I am of the same opinion on both points . At the trial the defendant failed to prove his plea . An amendment was therefore necessary , and it having been made , I think ...
Page 70
... prove who the parties were , and what they were dealing with . Now here the son was in debt to the plaintiffs on an account for coals supplied , and a further dealing on credit was contemplated . The guarantee is expressed to be in ...
... prove who the parties were , and what they were dealing with . Now here the son was in debt to the plaintiffs on an account for coals supplied , and a further dealing on credit was contemplated . The guarantee is expressed to be in ...
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...