Reports of Cases Determined at Nisi Prius: In the Courts of King's Bench and Common Pleas, and on the Home Circuit, from the Sittings After Michaelmas Term, 48 Geo. III. 1807 [to the Sittings After Hilary Term, 56 Geo. III. 1816], 4. köide

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Page 304 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Page 416 - In matters of pedigree, it being impossible to prove by living witnesses the relationships of past generations, the declarations of deceased members of the family are admitted ; but here, as the reputation must proceed on particular facts, such as marriages, births, and the like, from the necessity of the thing, the hearsay of the family as to these particular facts is not excluded.
Page 145 - Where there is no opportunity to inspect the commodity, the maxim of caveat emptor does not apply. He cannot without a warranty insist that it shall be of any particular quality or fineness, but the intention of both parties must be taken to be that it shall be salable in the market under the denomination mentioned in the contract between them.
Page 417 - If an inquiry were to be instituted in each instance, whether the existence of the controversy was or was not known at the time of the declaration, much time would be wasted, and great confusion would be produced.
Page 362 - Had the fire been brought out of the flue, and any thing had been burnt, the Company would have been liable. But can this be said, where the fire never was at all excessive, and was always confined within its proper limits ? This is not a fire within the meaning of the policy, nor a loss for which the Company undertake. They might as well be sued for the damage done to drawing-room furniture by a smoky chimney.
Page 145 - I am of opinion, however, that under GRAY. such circumstances, the purchaser has a right to expect a saleable article answering the description in the contract. Without any particular warranty, this is an implied term in every such contract.
Page 406 - Declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles and registration books, all are admitted upon the principle that they are the natural effusions of a party who must know the truth, and who speaks upon an occasion when his mind stands in an even position, without any temptation to exceed or fall short of the truth...
Page 278 - ... hold over after the expiration of the term, he impliedly holds subject to all the covenants in the lease which are applicable to his new situation...
Page 143 - ... carboys were properly stowed. If there was a usage to carry vitriol on deck, the underwriters were bound to take notice of it without any communication, and all they could require was, that the carboys should be properly stowed in the usual manner.
Page 194 - Had you called the porter and he had said that although he had no recollection of the letter in question, he invariably carried to the post-office all the letters found upon the table, this might have done,(e) but I cannot hold this general evidence of the course of business in the plaintiff's counting-house to be sufficient.

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