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 Michaelmas Term, 49. Geo. III. 1808, Both Inclusive, 4. köideA. Strahan, 1816 |
From inside the book
Results 1-5 of 30
Page 8
... meaning of the act of parliament . A valid assign- ment could only be made in writing ; and , at any rate , according to the agreement between the two brothers , W. Power of Dublin still continued proprietor of the work , having merely ...
... meaning of the act of parliament . A valid assign- ment could only be made in writing ; and , at any rate , according to the agreement between the two brothers , W. Power of Dublin still continued proprietor of the work , having merely ...
Page 9
... meaning of the act of parliament . Plaintiff nonsuited . A motion was made in the ensuing term , to set aside the nonsuit ; but the Court refused a rule to shew cause . Twiss for the plaintiff . Garrow A. G. for the defendant ...
... meaning of the act of parliament . Plaintiff nonsuited . A motion was made in the ensuing term , to set aside the nonsuit ; but the Court refused a rule to shew cause . Twiss for the plaintiff . Garrow A. G. for the defendant ...
Page 35
... meaning of the plea was , that the defendant had not exe- cuted the bond modo et formá , that is to say , with the other two supposed obligors . The execution by each of them was therefore put in issue . In assumpsit , where one of ...
... meaning of the plea was , that the defendant had not exe- cuted the bond modo et formá , that is to say , with the other two supposed obligors . The execution by each of them was therefore put in issue . In assumpsit , where one of ...
Page 41
... meaning of the notice . I am very sorry for the convenience of trade , that car- riers have been allowed to limit their common law responsibility , and some legislative measure upon the subject will soon become necessary . But I feel ...
... meaning of the notice . I am very sorry for the convenience of trade , that car- riers have been allowed to limit their common law responsibility , and some legislative measure upon the subject will soon become necessary . But I feel ...
Page 45
... meaning of the stock - jobbing act , 7 Geo . 2. c . 8. s . 1. , and therefore that " all wagers , and contracts in the nature of wagers , relating to the price or value of such securities , are null and void to all intents and purposes ...
... meaning of the stock - jobbing act , 7 Geo . 2. c . 8. s . 1. , and therefore that " all wagers , and contracts in the nature of wagers , relating to the price or value of such securities , are null and void to all intents and purposes ...
Common terms and phrases
absent commons accepted act of bankruptcy action afterwards agent amount appeared assignment assumpsit Attornies bankrupt bankruptcy Best Serjt bill of exchange bill of lading bond Campb Campbell cargo charter-party commission contended contract Court covenant declaration deed defendant defendant's delivered demurrage deposition discharge effect entitled evidence fendant freight Garrow A. G. GIBBS C. J. held Holland indorsed JODRELL Joseph Osy jury La Guayra lease liable licence lien loading London Lord ELLENBOROUGH loss Lyss Marryat ment Messrs months NISI PRIUS non est factum notice opinion owner paid Park parties payable payment pensions person petitioning creditor Plaintiff nonsuited Pleas policy of insurance port premises premium promissory note proved question received recover river Thames sail with convoy Scarlett Shepherd S. G. shew ship Society sold sufficient Taddy term thereof tion trial underwriters Vaughan verdict Vide voyage William Hancock witness
Popular passages
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.