Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, 4. köideJ. Butterworth and Son, 1828 |
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Page 4
... ground that the tree not having been felled at the time it was assigned , there was no delivery of it by the bailiff . The custom of the country could not regulate the con- struction of deeds , and delivery could only be predicated of a ...
... ground that the tree not having been felled at the time it was assigned , there was no delivery of it by the bailiff . The custom of the country could not regulate the con- struction of deeds , and delivery could only be predicated of a ...
Page 6
... ground that the consideration for the payment had failed ; but leave having been given to the Defendant to move , Vaughan Serjt . now moved to set it aside on the ground that the whole transaction being illegal , and the parties in pari ...
... ground that the consideration for the payment had failed ; but leave having been given to the Defendant to move , Vaughan Serjt . now moved to set it aside on the ground that the whole transaction being illegal , and the parties in pari ...
Page 19
... ground that the Plaintiffs by prov- ing under the commission had made their election , and were precluded from suing the Defendant for any debt accruing before the bankruptcy . Vaughan Serjt . shewed cause upon an affidavit of the ...
... ground that the Plaintiffs by prov- ing under the commission had made their election , and were precluded from suing the Defendant for any debt accruing before the bankruptcy . Vaughan Serjt . shewed cause upon an affidavit of the ...
Page 23
... ground that in none of the former cases had a payment made so long before the act of bankruptcy , and upon pro- bability only of an act of bankruptcy , been deemed a fraudulent preference made in contemplation of bank- ruptcy . In ...
... ground that in none of the former cases had a payment made so long before the act of bankruptcy , and upon pro- bability only of an act of bankruptcy , been deemed a fraudulent preference made in contemplation of bank- ruptcy . In ...
Page 26
... ground for a safe conclusion . GASELEE J. I think the case was properly left to the jury , and that they have come to a right conclusion ; but as they may not have taken all the circumstances of the case into their consideration , a new ...
... ground for a safe conclusion . GASELEE J. I think the case was properly left to the jury , and that they have come to a right conclusion ; but as they may not have taken all the circumstances of the case into their consideration , a new ...
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Common terms and phrases
acceptance act of bankruptcy action advowson affidavit aforesaid alleged amount annuity appeared assumpsit attorney authority bail bankrupt bankruptcy BEST C. J. bill of exchange Bishop of EXETER bond broker BURROUGH cargo charter-party circumstances claim commission contract Court covenant creditors Cresswell damages debt debtor declaration deed Defendant Defendant's delivered discharged entered entitled execution executor expence fendant freight GASELEE granted ground held holden indorsed insolvent interest issue judgment jury lease lessor liable libel London Lord Lord Ellenborough ment nonsuit notice objection obtained a rule opinion paid party payment person Plaintiff plea pleaded possession premises present proved provisional assignee question received recover refused rent replevin respect Richard Estcourt rule nisi seised sheriff shewed cause ship sold statute statute of frauds sued sufficient surety Taddy Serjt taken tenant term thereof tiff trespass trial trover trust verdict vested Wilde Serjt writ
Popular passages
Page 663 - But the court said that if that were so, no contract could ever be completed by the post. For if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it. And so it might go on ad infinitum.
Page 569 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 569 - ... upon any kind of Goods and Merchandises, and also upon the Body, Tackle, Apparel, Ordnance, Munition, Artillery, Boat and other Furniture, of and in the good Ship or Vessel...
Page 278 - ... enter into and upon the said premises or any part thereof, in the name of the whole, and repossess the same as of their former estate...
Page 570 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 122 - The question for the opinion of the court was whether the plaintiff was entitled to recover. If he was, the verdict was to stand ; if he was not entitled to recover, a verdict was to be entered for the defendants.
Page 43 - Upon any agreement, that is not to be performed within one year from the making thereof; Unless the promise, contract or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully Authorized...
Page 46 - Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Page 74 - ... every man who employs another to do an act which the employer appears to have a right to authorize him to do, undertakes to indemnify him for all such acts as would be lawful if the employer had the authority he pretends to have.
Page 87 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...