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, 2. köideT. & J.W. Johnson, 1847 |
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Page 251
... promises : Averment , that , al- though the said period of two months , so appointed as aforesaid for the delivery of the said engine and boilers according to the terms of the agreement , had elapsed long before the commencement of the ...
... promises : Averment , that , al- though the said period of two months , so appointed as aforesaid for the delivery of the said engine and boilers according to the terms of the agreement , had elapsed long before the commencement of the ...
Page 259
... promise to pay is not ne- cessary . In Croxon v . Worthen , 5 M. & W. 5 , it was expressly held that a promise to pay is evidence to be left to the jury upon an issue on pre- sentment . ALDERSON , B. , says : " The defendant is supposed ...
... promise to pay is not ne- cessary . In Croxon v . Worthen , 5 M. & W. 5 , it was expressly held that a promise to pay is evidence to be left to the jury upon an issue on pre- sentment . ALDERSON , B. , says : " The defendant is supposed ...
Page 261
... promise to pay after a bill or note becomes due , will dis- * 262 ] pense with proof of presentment and notice of dishonour . So , it will dispense with the proof of protest , as it will amount to an admission on the part of the ...
... promise to pay after a bill or note becomes due , will dis- * 262 ] pense with proof of presentment and notice of dishonour . So , it will dispense with the proof of protest , as it will amount to an admission on the part of the ...
Page 263
... promise to pay the bill , or an express admission of liability , is good evidence whence the jury may infer a presentinent for payment , a protest , and notice of protest , or notice of dishonour ; and that even equivocal expressions ...
... promise to pay the bill , or an express admission of liability , is good evidence whence the jury may infer a presentinent for payment , a protest , and notice of protest , or notice of dishonour ; and that even equivocal expressions ...
Page 265
... promise to pay . But , when we are determining the point by reference to what is supposed to have been passing in the mind of the defendant , it is quite immaterial whether the promise is conditional or not . Wilkins v . Jadis , 1 M ...
... promise to pay . But , when we are determining the point by reference to what is supposed to have been passing in the mind of the defendant , it is quite immaterial whether the promise is conditional or not . Wilkins v . Jadis , 1 M ...
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Common terms and phrases
A. J. Acraman act of parliament affidavit aforesaid agreement alleged antè appears appellant apply assumpsit attorney bankrupt bankruptcy bill bonâ fide cause of action charter-party city of London claim claimants COLTMAN commencement common consideration contract conveyance costs court court of Exchequer CRESSWELL debt decision declaration mentioned deed defendant defendant's delivered demurrer discharge duly election enacts ERLE evidence executor exemption freeman given hackney carriage held Hilary term interest issue judgment jury Kingswinford list of voters Lord MAULE ment Middlesex notice of objection opinion organzine overseers paid parish party payment person place of abode plaintiff plea pleaded possession present promise qualification question render rent resp respect revising barrister rule seisin Serjt sheriff statute statute of Anne statute of frauds sufficient suit tenant term thereof TINDAL tion tithes trial verdict Vict words writ
Popular passages
Page 805 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the 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 some other person thereunto by him lawfully authorized.
Page 597 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 583 - Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse.
Page 207 - ... the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants' rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses, if any, necessary to maintain them in a state to command such rent...
Page 405 - Commissioners are hereby required to ascertain the Value thereof, and to admit such Person to prove the Amount so ascertained, and to receive Dividends thereon...
Page 415 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 757 - ... (that is to say,) the period during which two persons in succession shall have held the office or benefice in respect whereof such land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and...
Page 71 - In all cases in which any particular number of days, not expressed to be clear days, is prescribed by the rules or practice of the courts, the same shall be reckoned exclusively of the first day, and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, Good Friday, or a day appointed for a public fast or thanksgiving ; in which case the time shall be reckoned exclusively of that day also.
Page 671 - EF duly made and published his last will and testament in writing, bearing date the...