Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber: From Hilary Term, 6 Will. IV. to [Easter Term, 10 Vict.] Both Inclusive. With Tables of the Cases and Principal Matters. [1836-1847], 7. köideT. & J. W. Johnson, 1841 |
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Page 14
... trial before Erskine , J. , at the last Liverpool Assizes , it appeared that the defendants were the assignees of one J. F. Taylor , a bankrupt . The plaintiffs , together with one Philip Newton ( since deceased ) , had demised to Tay ...
... trial before Erskine , J. , at the last Liverpool Assizes , it appeared that the defendants were the assignees of one J. F. Taylor , a bankrupt . The plaintiffs , together with one Philip Newton ( since deceased ) , had demised to Tay ...
Page 17
... trial . The main question however is , whether the defendants had a right of removal after the determination of the term by the forfeiture . In the cases cited on the other side , there was an attempt to remove the fixture not only ...
... trial . The main question however is , whether the defendants had a right of removal after the determination of the term by the forfeiture . In the cases cited on the other side , there was an attempt to remove the fixture not only ...
Page 25
... trial , that the contract was illegal , as amounting to an agreement to replace stock in consideration of selling out Omnium which was not stock , and might never event- ually become stock ; for if default were made in one pay- ment ...
... trial , that the contract was illegal , as amounting to an agreement to replace stock in consideration of selling out Omnium which was not stock , and might never event- ually become stock ; for if default were made in one pay- ment ...
Page 32
... trial as an authority for the plaintiff , that this action was maintainable ; but if an authority either way , it is rather in favour of the de- fendant . There a broker contracted for the sale of stock at a future day , by the ...
... trial as an authority for the plaintiff , that this action was maintainable ; but if an authority either way , it is rather in favour of the de- fendant . There a broker contracted for the sale of stock at a future day , by the ...
Page 47
... trial , we think we are bound to adhere to that decision , whatever doubts as to the pro- priety of some part of it may exist in the minds of some members of the Court . Judgment for the plaintiff . Exch . of Pleas , 1840 . Where the ...
... trial , we think we are bound to adhere to that decision , whatever doubts as to the pro- priety of some part of it may exist in the minds of some members of the Court . Judgment for the plaintiff . Exch . of Pleas , 1840 . Where the ...
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Common terms and phrases
acceptor accord and satisfaction act of Parliament action affidavit aforesaid afterwards agent agreement Alderson alleged amount appears apply appointed assignment assumpsit attorney authority averred bankrupt bill of exchange bonâ fide breach Bromfield commencement Company contract costs Court covenant creditors damages debt deed defendant defendant's delivered demurrer directors discharged entered entitled Erch evidence Exch execution executors fendant Frances Macdonald heirs held indorsed issue John Bromfield judgment jury lands learned Judge lease lessor liable Lord ABINGER ment nonsuit notice obtained a rule opinion paid Parke party payable payment person Peter Hawker plaintiff pleaded Pleas possession premises promissory note proprietor proved question received recover replication respect ROLFE scire facias shares sheriff shew cause shewn ship Smark sold stat statute sufficient tenant term testator thereof tiff tion transfer trial trover Vanderplank verdict vessel Vict words writ
Popular passages
Page 653 - life, effected by the bankrupt, and deposited by him, before his bankruptcy, with the defendants, as a security for money then and previously advanced by them to him. An instrument so deposited is not in the order and disposition of the bankrupt, with the consent of the true owner, within the meaning of the
Page 288 - of &c., to be paid to the said Thomas Taylor Webb, as such treasurer as aforesaid, and his successors for the time being, for which payment to be well and faithfully made, we bind ourselves jointly, and each of us bindeth himself severally, and our and each of our heirs, executors, and administrators, firmly, by these presents, sealed, &c.
Page 109 - there was a devise to a party for life, with remainder to trustees to preserve contingent remainders, with remainder to the heirs of the body of the life tenant, with remainders over. A fine had been levied by the devisee, and the question arose, whether this worked a discontinuance. The Court held, on the authority of Coulson v. Coulson
Page 241 - bring an action to recover such land, shall be deemed to have first accrued, either at the determination of such tenancy, or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined. The
Page 410 - effect of repealing a statute to be, to obliterate it as completely from the records of Parliament as if it had never passed; and it must be considered as a law that never existed, except for the purpose of those actions which were commenced, prosecuted, and concluded whilst it was an existing law.
Page 209 - damages to that amount, and that there is probable cause for believing that the defendant, or any one or more of the defendants, is or are about to quit England, unless he or they shall be forthwith apprehended; it shall be lawful for such Judge, by a special order, to direct that such defendant
Page 132 - 3 & 4 Will. 4, c. 27, enacts, " that no person shall bring an action to recover any land or rent, but within twenty years next after the time at which the right to bring such action shall have first accrued,
Page 184 - thought that the 7th and 9th pleas were proved in substance, and directed a verdict on those issues for the defendant, leave being reserved to the plaintiff to move to enter a verdict for him, with £102 damages. Plait having obtained a rule
Page 133 - when any person shall be in possession or in receipt of the profits of any land, or in receipt of any rent, by virtue of a lease in writing, by which a rent amounting to the yearly sum of 20*.
Page 432 - cause why a nonsuit should not be entered, or why the judgment should not be arrested. The Court refused a rule on either of those grounds, but granted a rule to shew cause why there should not be a new trial, on