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 100
Page 1
... question was granted to Trustram , the bankrupt , for 53 years , at the rent of 12 guineas a year , and he erected a manufactory and buildings upon it , which cost him 1500l . There he continued till the time of his bankruptcy to carry ...
... question was granted to Trustram , the bankrupt , for 53 years , at the rent of 12 guineas a year , and he erected a manufactory and buildings upon it , which cost him 1500l . There he continued till the time of his bankruptcy to carry ...
Page 3
... question here is , whether this transaction was a contrivance to receive usurious interest for the loan of money . The defendant actually received 25l . a year be- yond the legal interest of money . Therefore , if the assignment was ...
... question here is , whether this transaction was a contrivance to receive usurious interest for the loan of money . The defendant actually received 25l . a year be- yond the legal interest of money . Therefore , if the assignment was ...
Page 27
... question . But , the point being argued , an executor , the residuary legatee is not rendered a competent witness for the plaintiff , by re- leasing all claim to to be recovered , having still an interest to sup- port the action , that ...
... question . But , the point being argued , an executor , the residuary legatee is not rendered a competent witness for the plaintiff , by re- leasing all claim to to be recovered , having still an interest to sup- port the action , that ...
Page 37
... question should be left to his decision . The defendant decided that the plain- tiff had lost , and refused to pay him back his 10l . DAMPIER , J. held that under these circum- stances the action could not be maintained , and directed a ...
... question should be left to his decision . The defendant decided that the plain- tiff had lost , and refused to pay him back his 10l . DAMPIER , J. held that under these circum- stances the action could not be maintained , and directed a ...
Page 38
... question was , whether a commission of bankrupt sued out against one Matcham , the party the validity of a whose goods were to be taken in execution , was writ of fi . fa . , where the de- fence rests upon commission of bankruptcy , if ...
... question was , whether a commission of bankrupt sued out against one Matcham , the party the validity of a whose goods were to be taken in execution , was writ of fi . fa . , where the de- fence rests upon commission of bankruptcy , if ...
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.