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acceptance acceptor act of bankruptcy action afterwards agreed agreement allowed amount appear assignees assumpsit bank banker bankrupt become bill of exchange brought Campb carrier cause certificate charge circumstances commission common consequently consideration considered contract count court creditor custom damages debt declaration deed defendant delivered demand discharge drawer drawn East effects Ellenborough entitled evidence execution give given ground hands held holden husband indorser interest issue judgment jury Kenyon liable London Lord maintain marriage matter months necessary notice observing officer opinion owner paid party payable payee payment person plaintiff plea pleaded possession present promise promissory note proved question reason received recover refused respect rule Smith sold stat statute sued sufficient taken Taunt tender tion trader unless verdict wife
Page 177 - ... 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...
Page 515 - 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 131 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Page 119 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Page 146 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 306 - ... for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen...
Page 139 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Page 558 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Page 574 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...