Reports of Cases Argued and Determined in the English Courts of Common Law, [1845-1856]: Heretofore Condensed by Thomas Sergeant and Thomas M'Kean Pettit, Now Reprinted in Full, 15. köideT. & J.W. Johnson, 1855 |
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Results 1-5 of 68
Page 11
... Covenant , pl . 12 Comyns's Digest , Accord ( B. 4. ) Arbitrament ( D. 2. ) . By - Law ( B. 2 ) , ( C. 4. ) Fine ( H. 3. ) Mortgage ( B. ) · Pleader ( 2 W. 8. ) Cruise's Digest , tit . xxxv . ch . iv . ? 26 . Rolle's Abridgment , Action ...
... Covenant , pl . 12 Comyns's Digest , Accord ( B. 4. ) Arbitrament ( D. 2. ) . By - Law ( B. 2 ) , ( C. 4. ) Fine ( H. 3. ) Mortgage ( B. ) · Pleader ( 2 W. 8. ) Cruise's Digest , tit . xxxv . ch . iv . ? 26 . Rolle's Abridgment , Action ...
Page 53
... covenant not to sue has been held equivalent to a release , on no other principle than that of avoiding ( a ) And see Dawson v . Collis , 10 C. B. 523 ( E. C. L. R. vol . 70. ) ( b ) The points marked for argument on the part of the ...
... covenant not to sue has been held equivalent to a release , on no other principle than that of avoiding ( a ) And see Dawson v . Collis , 10 C. B. 523 ( E. C. L. R. vol . 70. ) ( b ) The points marked for argument on the part of the ...
Page 53
... covenant on the other . [ CROWDER , J. - Is there any case to show that one who neglects to insure accord- ing to his contract , himself becomes an insurer ? ] None in our courts . [ MAULE , J. - Suppose a man agrees to effect an ...
... covenant on the other . [ CROWDER , J. - Is there any case to show that one who neglects to insure accord- ing to his contract , himself becomes an insurer ? ] None in our courts . [ MAULE , J. - Suppose a man agrees to effect an ...
Page 57
... in waste , the plaintiff is entitled to recover treble damages , but the defend- in his action of covenant will only recover single . " The question is , not whether the jury may , but whether 59 CHARLES v . ALTIN . T. T. 1854 .
... in waste , the plaintiff is entitled to recover treble damages , but the defend- in his action of covenant will only recover single . " The question is , not whether the jury may , but whether 59 CHARLES v . ALTIN . T. T. 1854 .
Page 65
... covenants not to sue A. B. , and he does so , the covenant enures as a release . The allegation to be relied on here , is , that , by and through the negligent and improper conduct of the plaintiffs in effecting the insurance , the same ...
... covenants not to sue A. B. , and he does so , the covenant enures as a release . The allegation to be relied on here , is , that , by and through the negligent and improper conduct of the plaintiffs in effecting the insurance , the same ...
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Other editions - View all
Common terms and phrases
16 Vict administratrix affidavit aforesaid afterwards agreed agreement alleged amendment amount applied arbitrator assigned award behalf bill calotype cause of action charter-party claim codicil Common Law Common Law Procedure contract costs county court covenant CRESSWELL CROWDER damages debt declaration deed defendant defendant's delivered demised demurrage demurrer deponent Duke of Cambridge duly E. C. L. R. vol effect ejectment Elsam entered entitled estoppel evidence execution executors Faversham foreman and jury freight ground held indenture intended interest interpleader JERVIS John Milnes judge judgment land landlord Law Procedure Act lease lessors letters-patent liable Lord matter MAULE ment notice opinion oysters paid parties payment person plaintiff plea pleaded possession premises purpose question reason received recover reference rent respect Robert Strong rule statute tenant term testator therein thereof Thomas Barber Johnson tiff tion trover valuation verdict warranty William writ
Popular passages
Page 135 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 359 - ... no insurance shall be made by any person or persons, bodies politick or corporate, on the life or lives of any person or persons, or on any other event or events whatsoever, wherein the person or persons for whose use, benefit, or on whose account such policy or policies shall be made, shall have no interest, or by way of gaming or wagering; and that every assurance made, contrary to the true intent and meaning hereof, shall be null and void, to all intents and purposes whatsoever.
Page 211 - Court, and the Judge of the said Admiralty Court shall adjudicate upon the claim, and make such order between the parties in respect thereof and of the costs of the proceedings, as to him shall seem fit...
Page 99 - Misdemeanor, when any Variance shall appear between any Matter in Writing or in Print produced in Evidence and the Recital or setting forth thereof upon the Record...
Page 99 - ... anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.
Page 351 - That in all cases where the insured hath interest in such life or lives, event or events, no greater sum shall be recovered or received from the insurer or insurers than the amount or value of the interest of the insured in such life or lives, or other event or events : IV.
Page 449 - ... except upon an order of the court in which the action, suit or other proceeding shall have been brought or instituted, made upon motion in open court, after reasonable notice in writing to the person or persons sought to be charged ; and, upon such motion, such court may order execution to issue accordingly ; or the plaintiff in the execution may proceed by action to charge the stockholders with the amount of his judgment.
Page 109 - ... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or...
Page 75 - Signed sealed published pronounced and declared by the said William Hamilton as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names.
Page 83 - Court a verdict for that amount was rendered for the plaintiff, subject to the reserved question whether there was any evidence to go to the jury in support of the plaintiff's claim.