Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber: From 1856 ... [to 1865], 2. köide
T. & J.W. Johnson & Company, 1858
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accept according action affidavit aforesaid agent agreed agreement alleged allowed amendment amount appear application authority bill bound breach called cargo carried cause charge claim COCKBURN Common Law condition contained contract costs count court creditors CRESSWELL damages debt deed defendant delivered directed discharge E. C. L. R. vol effect entered entitled evidence execution fact freight further give given ground held insured intended interest issued judge judgment jury leave liable London Lord loss manner master means mentioned month necessary notice obtained opinion owners paid parties patent payable payment performed person plaintiff plea premises premium present proceedings proof proved purchase question Railway reasonable received recover referred refused respect rule served shares ship signed statute thereof tion transfer verdict vessel Vict whole writ
Page 621 - ... 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, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Page 109 - If any execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient whereon to levy such execution, then such execution may be issued against any of the shareholders to the extent of their shares respectively in the capital of the company not then paid up...
Page 121 - Owner" means the person for the time being receiving the rackrent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent...
Page 153 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void.
Page 501 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Page 753 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 557 - 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 501 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 153 - Shipped in good order and well conditioned by in and upon the good ship called the whereof is master for this present voyage and now riding at anchor in the and bound for os being marked and numbered as in the margin, and are to be delivered...
Page 621 - ... until she hath moored at anchor twentyfour hours in good safety ; and upon the goods and merchandises, until the same be there discharged and safely landed.