The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the Courts of Chancery, King's Bench, Common Pleas, Exchequer of Pleas, and Exchequer of Chamber, ...E. B. Ince, 1873 |
From inside the book
Results 1-5 of 80
Page 2
... present one from being maintained , by the common law , in the absence of express enactment , a debt discharged by bank- ruptcy is a sufficient consideration for a subsequent agreement . In Wennall v . Adney ( 2 ) , there is an ...
... present one from being maintained , by the common law , in the absence of express enactment , a debt discharged by bank- ruptcy is a sufficient consideration for a subsequent agreement . In Wennall v . Adney ( 2 ) , there is an ...
Page 22
... present case there was no waiver . [ QUAIN , J. - I see that BOVILL , C.J. , was of opinion in that case , that the 16th section of the 13 & 14 Vict . c . 61 was satisfied by referring it to the 15th sect . only of that Act as to the ...
... present case there was no waiver . [ QUAIN , J. - I see that BOVILL , C.J. , was of opinion in that case , that the 16th section of the 13 & 14 Vict . c . 61 was satisfied by referring it to the 15th sect . only of that Act as to the ...
Page 24
... present . The station master in that case could not have had any autho- rity to detain the plaintiff , but here the inspector erroneously thought that he had ( 1 ) 36 Law J. Rep . ( N.s. ) Q.B. 294 ; s . c . Law Rep . 2 Q.B. 534 ...
... present . The station master in that case could not have had any autho- rity to detain the plaintiff , but here the inspector erroneously thought that he had ( 1 ) 36 Law J. Rep . ( N.s. ) Q.B. 294 ; s . c . Law Rep . 2 Q.B. 534 ...
Page 27
... present case , but that the dis- tinction is perfectly clear . In that case nobody was authorized to do the act com- plained of . The company themselves would not have been authorized , and therefore it was held there that the per- son ...
... present case , but that the dis- tinction is perfectly clear . In that case nobody was authorized to do the act com- plained of . The company themselves would not have been authorized , and therefore it was held there that the per- son ...
Page 32
... present plaintiffs did not intend to break off the contract , they pushed the defendants to go on providing coal . In Hoare v . Rennie ( 3 ) there was no part performance by the plaintiffs , as it was considered that the shipment of the ...
... present plaintiffs did not intend to break off the contract , they pushed the defendants to go on providing coal . In Hoare v . Rennie ( 3 ) there was no part performance by the plaintiffs , as it was considered that the shipment of the ...
Common terms and phrases
Act of Parliament action aforesaid agent alleged amount appears apply authority bank bill of lading BLACKBURN breach Bute Dock cargo charter charter-party claim coal common law consignee contract County Court Court of Exchequer covenant damage debenture debt decision declaration deed defendant delivered discharged duty effect election entitled evidence Exch Exchequer Chamber fact fendant freight George Holyoake given ground held House of Lords Inclosure Act injury insured interest judgment jury land learned Judge liable Liverpool London Lord matter ment notice of abandonment officer opinion owner paid pany parish parties payment perils person plaintiff plea possession premises present question Railway Company reason recover repair replevin respect rule s. c. Law Rep ship shipowner Shropshire statute Taff Vale Taff Vale Railway tenant thereof tiff tion total loss trial trustees underwriters verdict vessel Vict vote voter voyage words
Popular passages
Page 295 - ... [B]ut 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.
Page 32 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 271 - ... 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 57 - In witness whereof the master of the said ship hath affirmed to \three\ bills of lading all of this tenor and date, one of which bills being accomplished the others to stand void.
Page 17 - A fugitive criminal shall not be surrendered to a foreign state unless provision is made by the law of that state, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign state for any nffenee committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded...
Page 220 - England, justify the committal for trial of the prisoner if the crime of which he is accused had been committed in England, the police magistrate shall commit him to prison, but otherwise shall order him to be discharged.
Page 224 - Every returning officer, presiding officer, and clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of this Act shall, in addition to any other penalty or liability...
Page 75 - February the motion was denied, and an application was then made to this court for a rule to show cause why a writ of prohibition should not issue to the...
Page 169 - personal chattels" shall mean goods, furniture, fixtures, and other articles capable of complete transfer by delivery, and shall not include chattel interests in real estate, nor shares or interests in the...
Page 242 - 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.