A Practical Treatise on Pleading, in AssumpsitJames W. Burditt & Company, 1811 - 621 pages |
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A Practical Treatise on Pleading, in Assumpsit: With the Addition of the ... Edward Lawes No preview available - 2017 |
Common terms and phrases
according action of assumpsit afterwards agreement alleged appear arrest of judgment assets assigned averment award bankrupt bill of exchange bond breach brought cause of action cited collateral consideration considered contract count court held coverture damages dant debt declared in assumpsit defendant pleaded defendant promised defendant's delivered demurrer discharge Eliz executed executor fact fendant forbear given in evidence husband indebitatus assumpsit indorsement intestate issue judg laid latitat liable Lord Lord MANSFIELD Lutw marriage matter ment mise moved in arrest necessary notice objection observed paid particular party payable payment performance plain plaintiff declared plaintiff replied plea promised to pay promissory note proper proved quantum meruit Raym recover request Salk Saund seems shew shewn sold special demurrer statute statute of limitations sued sufficient suit sumpsit tender testator tiel tiff tion traverse ultrà verdict vide writ of error
Popular passages
Page 309 - Mariners, and of 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 404 - That where there are mutual Debts between the Plaintiff and Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Page 36 - It is a rule well settled and repeatedly recognized in this court that taking a note either of the debtor or of a third person for a pre-existing debt is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid; or unless the creditor parts with the note, or is guilty of laches, in not presenting it for payment in due time.
Page 439 - ... or in or by bearing a share or part in the stakes, wagers, or adventures, or in or by betting on the sides or hands of such as do or shall play...
Page 531 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.
Page 32 - ... 3s. 6d. per diem for the hire of it. This contract was made by the defendant's servant, but his master did not object to it at the time. The plaintiff's wife not approving of the chaise, it was sent back at the expiration of three days, and left on the defendant's premises, without any consent on his part to receive it : the hire of 3s.
Page 36 - The taking of the note was no extinguishment of the debt due for the rent. It is a rule well settled and repeatedly recognized in this court that taking a note either of the debtor or of a third person for a pre-existing debt is no payment, unless it be expressly agreed to take the note as payment, and to run the risk of its being paid...
Page 531 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants, all Actions of Debt grounded upon any Lending or Contract without Specialty ; all Actions of Debt for Arrearages of Rent...
Page 404 - ... pleading the general issue, where any such debt of the plaintiff, his testator or intestate, is intended to be insisted on in evidence, notice shall be given of the particular sum or debt so intended to be insisted on, and upon what account it became due; or otherwise such matter shall not be allowed in evidence upon the general issue.
Page 309 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt,...