Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Names of the Cases and the Principal Matters, 2. köideC. Hunter, 1821 |
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Page 148
... surety in respect of subsequent loans , and no new debt could be created by the transaction of the 24th of May : this case , therefore , comes within that of Newmarch v . Clay ; and under the circumstances , there has been a specific ...
... surety in respect of subsequent loans , and no new debt could be created by the transaction of the 24th of May : this case , therefore , comes within that of Newmarch v . Clay ; and under the circumstances , there has been a specific ...
Page 152
... surety , who can be liable only on the precise terms of her obligation , applying to it the strict con- struction of law . I merely advert to this distinction ; it will not be necessary to pursue it into detail , according to the view ...
... surety , who can be liable only on the precise terms of her obligation , applying to it the strict con- struction of law . I merely advert to this distinction ; it will not be necessary to pursue it into detail , according to the view ...
Page 330
... surety in a bond , who paid a debt after a commis- sion of bankrupt issued against his principal , was not barred by his certificate , though the penalty of the bond was forfeited before . In the late case of The Overseers of St. Martin ...
... surety in a bond , who paid a debt after a commis- sion of bankrupt issued against his principal , was not barred by his certificate , though the penalty of the bond was forfeited before . In the late case of The Overseers of St. Martin ...
Page 331
... surety , even after the as- signees of the bankrupt had accepted the lease . The case of Welsh v . Welsh ( c ) , turned on the 8th section of that statute , and is therefore inapplicable to the present ; but this bond is , at all events ...
... surety , even after the as- signees of the bankrupt had accepted the lease . The case of Welsh v . Welsh ( c ) , turned on the 8th section of that statute , and is therefore inapplicable to the present ; but this bond is , at all events ...
Page 332
... surety for the payment of a sum certain , and take an absolute bond from B. , payable the day before the ori- ( a ) Cooke's Bhpt . Laws , 7th edit . 162 .— ( b ) 2 Term Rep . 640 . ginal bond , and B. become bankrupt , A. may 332 CASES ...
... surety for the payment of a sum certain , and take an absolute bond from B. , payable the day before the ori- ( a ) Cooke's Bhpt . Laws , 7th edit . 162 .— ( b ) 2 Term Rep . 640 . ginal bond , and B. become bankrupt , A. may 332 CASES ...
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Common terms and phrases
action affidavit afterwards agreement amount appear applied arbitrator assigned assumpsit averred award Bacon Frank bail bankrupt bankruptcy bar iron bill of exchange bills of lading breach broker brought cargo charter-party cold short commission Commissioners consent considered contract count Court covenant damages debt declaration deed defendant defendant's delivered discharged distrained DUKE of NEWCASTLE entered entitled to recover evidence executed executors fendant freight freighter granted held Huthwaite indenture interest iron issue judgment Jury Justice Dallas lease liable lien locus in quo Lord Chief Justice Lord Ellenborough ment Molling nonsuit obtained a rule opinion owner paid parties patent payable payment person plaintiff plea pleaded possession premises proved puddling furnace question received remainder rent REPLEVIN rule nisi Serjt shewed cause ship slags Spitta statute Stokeham surety tenant Term Rep testator therein thereof tiff tion tolls trespass trial verdict witness writ
Popular passages
Page 287 - Easter term, when a verdict was found for the plaintiffs, subject to the opinion of the court, on a case...
Page 467 - In trover for certain goods, being household furniture, a verdict was found for the plaintiff, subject to the opinion of this Court on the following case.
Page 623 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 506 - Sons lawfully issuing, the elder of such Sons and the Heirs Male of his Body to be always preferred and to take before the younger of such Son and Sons and the Heirs Male of his and their Bodies issuing; and for Default of such Issue...
Page 581 - ... hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered any act, deed, matter or thing whatsoever, whereby or by means whereof the said...
Page 536 - ... estate, shall state the account between them, and one debt may be set against another, and what shall appear to be due on either side on the balance of such account, and on setting such debts against one another, and no more, shall be claimed or paid on either side respectively.
Page 502 - Various reasons have been assigned for this rule, but that upon which it seems best founded is that a fact may be known to the subscribing witness, not within the knowledge or recollection of the obligor, and that he is entitled to avail himself of all the knowledge of the subscribing witness relative to the transaction.
Page 394 - ... still entitle himself to the whole freight, by forwarding the goods by some other means to the place of destination ; but he has no right to any freight if they be not so forwarded ; unless the forwarding them be dispensed with, or unless there be some new bargain upon this subject. If the ship-owner will not forward them, the freighter is entitled to them without paying anything.
Page 455 - ... in which, &c., and justly, &c., as for and in the name of a distress for the said rent, so due and in arrear to the said defendant as aforesaid, and which is still in arrear and unpaid.
Page 281 - In this country, however, it has been held, that the master may detain any part of the merchandise for the freight of all that is consigned to the same person (rt), which seems to be a more reasonable and convenient rule.