Irish Chancery Reports: Being a Series of Reports of Cases Argued and Determined in the High Court of Chancery and the Rolls Court, in Ireland...1850[-1866]...Hodges, 1865 |
From inside the book
Results 1-5 of 96
Page 39
... contract , made between the plaintiff " and the defendants , and signed by the plaintiff , whereby it was " agreed that the said horses , being so received as in this plea men- WATERFORD tioned , the defendants should in no case be ...
... contract , made between the plaintiff " and the defendants , and signed by the plaintiff , whereby it was " agreed that the said horses , being so received as in this plea men- WATERFORD tioned , the defendants should in no case be ...
Page 40
... contract is not a just or reasonable " contract . " Demurrer thereto . * * The following were the points noted for argument on the demurrer : — First . That the question , whether said contract is just and reasonable , can only be ...
... contract is not a just or reasonable " contract . " Demurrer thereto . * * The following were the points noted for argument on the demurrer : — First . That the question , whether said contract is just and reasonable , can only be ...
Page 41
... contract in full , but of referring to the jury , as an issuable fact , the justness and reasonableness of the conditions . But the 17 & 18 Vic . , c . 31 , s . 7 , has left that question entirely to the decision of the Court or Judge ...
... contract in full , but of referring to the jury , as an issuable fact , the justness and reasonableness of the conditions . But the 17 & 18 Vic . , c . 31 , s . 7 , has left that question entirely to the decision of the Court or Judge ...
Page 42
... contracts , signed by the sender ; but does not require Queen's Bench that the conditions in such contracts shall be just or reasonable . LLOYD v . The sender , who deliberately enters into and signs such a contract , WATERFORD must ...
... contracts , signed by the sender ; but does not require Queen's Bench that the conditions in such contracts shall be just or reasonable . LLOYD v . The sender , who deliberately enters into and signs such a contract , WATERFORD must ...
Page 43
... contract a condition that the defendants will not be guilty of gross negligence : Lyon v . Mells ( a ) . The fifth defence amounts to this , that the defendants are not liable under the 17 & 18 Vic . , c . 31 , unless the plaintiff ...
... contract a condition that the defendants will not be guilty of gross negligence : Lyon v . Mells ( a ) . The fifth defence amounts to this , that the defendants are not liable under the 17 & 18 Vic . , c . 31 , unless the plaintiff ...
Common terms and phrases
action admissible alleged answer apothecary appears applied argument assigns bill bill of lading Cham Chief Justice Civil-bill claim clay Common Law Common Pleas conditional order confession constable contended contract Counsel count Court Crim Daniel Cronin death decision deed defendant defendant's demised detinue devise Dublin ejectment entitled evidence Exch Exchequer executed fact fee-farm grant FITZGERALD Flesk Castle given Griffith ground heirs held horses injury insolvent John Coltsman John Greene JOHNSTON Judges judgment jury landlord lands Law Rep lease Leonard Fuller liability Limerick LORD CHIEF Magistrate mountain Murphy negligence North Staffordshire Railway O'BRIEN occupied opinion party person plaintiff pleaded possession premises prisoner prosecutor Queen's Bench question Railway Company rated reasonable recover referred Regina relied rent respect respondent Scart share statement Statute of Frauds Statute of Limitations summons and plaint TEMPLEMORE tenant in common testator tion trial verdict Waterford words writ
Popular passages
Page 210 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading, to whom the property in the goods therein mentioned shall pass upon or by reason of such consignment or endorsement...
Page 469 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 199 - The second section enacts, that, after the day therein mentioned, "no person shall make an entry or distress, or bring an action, to recover any land or rent...
Page 227 - That, where the evidence Is equally consistent with either view,— with the existence or nonexistence of negligence, — it is not competent to the Judge to leave the matter to the Jury. The party who affirms negligence has altogether failed to establish It. This is a rule which ought never to be lost sight of.
Page 201 - ... or of such rent, for his or their own benefit, or for the benefit of any person or persons other than the person or persons entitled to the other...
Page 214 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 463 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 165 - ... to begin and be made on such of the said days, as shall first happen after the decease of the said Adam, Ash, Provided always, and it is hereby agreed and citwe of $urdeclared .between and by the said parties here- VIV°'4 lp...
Page xiv - Borough during that Year and the whole of each of the Two preceding Years, and also during the Time of such Occupation shall have been an Inhabitant Householder within the said Borough, or within Seven Miles of the said Borough, shall, if duly enrolled in that Year...
Page 200 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims; or if such right shall not have accrued to any person through whom he claims, then within...