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, 9. köideT. & J.W. Johnson, 1857 |
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... MAULE , Knt . The Hon . Sir CRESSWELL CRESSWELL , Knt . The Hon . Sir EDWARD VAUGHAN WILLIAMS , Knt . The Hon . Sir THOMAS NOON TALFOURD , Knt . ATTORNEY - GENERAL . Sir JOHN JERVIS , Knt . SOLICITOR - GENERAL . Sir JOHN ROMILLY , Knt ...
... MAULE , Knt . The Hon . Sir CRESSWELL CRESSWELL , Knt . The Hon . Sir EDWARD VAUGHAN WILLIAMS , Knt . The Hon . Sir THOMAS NOON TALFOURD , Knt . ATTORNEY - GENERAL . Sir JOHN JERVIS , Knt . SOLICITOR - GENERAL . Sir JOHN ROMILLY , Knt ...
Page 11
... [ MAULE , J. - You treat this covenant as an insurance upon the wife's life ? ] The covenantor must answer in damages . [ MAUle , J. - In the event that has happened , nothing that the father could do would relieve him from an action for ...
... [ MAULE , J. - You treat this covenant as an insurance upon the wife's life ? ] The covenantor must answer in damages . [ MAUle , J. - In the event that has happened , nothing that the father could do would relieve him from an action for ...
Page 11
... [ MAULE , J. - A man may , if he chooses , covenant that it shall or shall not rain to - morrow . ( b ) ] In that * case he is an insurer , and shall answer in damages . In Da Costa * 10 ] v . Davis , it was held , that , where the ...
... [ MAULE , J. - A man may , if he chooses , covenant that it shall or shall not rain to - morrow . ( b ) ] In that * case he is an insurer , and shall answer in damages . In Da Costa * 10 ] v . Davis , it was held , that , where the ...
Page 11
... [ MAULE , J. - There cannot be a stronger illustration of the principle , than the case of a covenant that a thing is in a given condition , —for instance , that a horse is sound . ] Where a man covenants absolutely that he is seised in ...
... [ MAULE , J. - There cannot be a stronger illustration of the principle , than the case of a covenant that a thing is in a given condition , —for instance , that a horse is sound . ] Where a man covenants absolutely that he is seised in ...
Page 11
... [ MAULE , J. - Even in the case of the daughter leaving issue ? ] Yes . [ MAULE , J. - If the substantial meaning of the covenant is , that the contemplated provision shall be made by will , and it would be well performed by the father's ...
... [ MAULE , J. - Even in the case of the daughter leaving issue ? ] Yes . [ MAULE , J. - If the substantial meaning of the covenant is , that the contemplated provision shall be made by will , and it would be well performed by the father's ...
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Common terms and phrases
acceptor accommodation bill act of parliament agreement alleged amount annuity appear assignee assumpsit attorney bank bankers behalf bill of exchange bills of lading cargo cause of action church of St claim clerk commencement consideration contract count court covenant creditors CRESSWELL damage debt debtor declaration deed defendant defendant's delivered discharged drawer duly E. C. L. R. vol effect enacts endorsement entitled evidence execution final order Fly and Frost freight George Rennie held injury issue John George Storie judge judgment jury last-mentioned liable Mary Magdalen matter MAULE ment mentioned notice obtained owner paid partnership party payable payment person petition petitioner plaintiff plea pleaded Pontifex premises present prison profits promissory note question reason received recover repaired respect Rowland Evans rule Serjt ship statute suit surrender tenant term thereof tion total loss verdict Vict voyage WILDE William William Fly
Popular passages
Page 207 - Chambers on the day of , 19 , at the hour of in the noon, to show cause why a writ of Habeas Corpus should not issue directed to...
Page 287 - ... or such part thereof, respectively, as he shall think f,t, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon ; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to, if such charge had been made in his favour by the judgment debtor...
Page 557 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 397 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof...
Page 397 - ... the Jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 277 - 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 65 - An Act to abridge the ^holding of Benefices in Plurality, and to make better Provision for the Residence of the Clergy.
Page 297 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.
Page 11 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract," so that it is no excuse if that which happens might have been provided against by the contract.