An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 էջ |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ x
... Assumpsit , and of the Agree- ment , for the Non - performance of which this Action may be maintained II . Of the general Indebitatus Assumpsit III . Of the Declaration IV . Of the Pleadings , · • 1. Of the general Issue , and what may ...
... Assumpsit , and of the Agree- ment , for the Non - performance of which this Action may be maintained II . Of the general Indebitatus Assumpsit III . Of the Declaration IV . Of the Pleadings , · • 1. Of the general Issue , and what may ...
Էջ 42
... assumpsit , and recently by Ken- yon C. J. in Dand v . Sexton , H. 29 Geo . 3. 3 T. R. 37. in an ac- tion of trespass vi et armis for beating a dog , although it was urged that the statute applied to those actions only which could be ...
... assumpsit , and recently by Ken- yon C. J. in Dand v . Sexton , H. 29 Geo . 3. 3 T. R. 37. in an ac- tion of trespass vi et armis for beating a dog , although it was urged that the statute applied to those actions only which could be ...
Էջ 43
William Selwyn. CHAP . IV . OF THE ACTION OF ASSUMPSIT . I. Of the Action of Assumpsit , and of the Agree- ment , for the Non - performance of which this Action may be maintained . II . Of the general Indebitatus Assumpsit . III . Of the ...
William Selwyn. CHAP . IV . OF THE ACTION OF ASSUMPSIT . I. Of the Action of Assumpsit , and of the Agree- ment , for the Non - performance of which this Action may be maintained . II . Of the general Indebitatus Assumpsit . III . Of the ...
Էջ 44
... assumpsit , a consideration must be stated and proved ( 1 ) . Of the Consideration . - Every promise , for the non - per- formance of which an action of assumpsit may be maintained , must be founded on a sufficient consideration ( 2 ) ...
... assumpsit , a consideration must be stated and proved ( 1 ) . Of the Consideration . - Every promise , for the non - per- formance of which an action of assumpsit may be maintained , must be founded on a sufficient consideration ( 2 ) ...
Էջ 45
... Whether the application of the rule was just in that case , is another question . It is clear , however , that the rule itself was recognized by the court . tend that the defendant had made any private gain to ASSUMPSIT . 45.
... Whether the application of the rule was just in that case , is another question . It is clear , however , that the rule itself was recognized by the court . tend that the defendant had made any private gain to ASSUMPSIT . 45.
Բովանդակություն
95 | |
110 | |
143 | |
157 | |
171 | |
189 | |
214 | |
220 | |
242 | |
252 | |
266 | |
276 | |
293 | |
320 | |
331 | |
442 | |
450 | |
468 | |
479 | |
489 | |
523 | |
547 | |
583 | |
596 | |
605 | |
611 | |
612 | |
618 | |
625 | |
Common terms and phrases
acceptance acceptor act of bankruptcy action brought action for money adjudged afterwards agreement appear arrest assigned assumpsit averred bankrupt bill of exchange bond breach Buller Burr Camp carrier Carth cause of action cited commission common law consideration contract court covenant coverture Cowp creditor damages deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz endorser evidence execution executor feme covert fendant given heir holden Holt C. J. indenture Inst issue judgment jury land latitat lease lessee lessor liable Lord Ellenborough C. J. Lord Hardwicke Lord Mansfield marriage ment non est factum notice observed opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient tenant testator tion trade trespass usury verdict void Wils writ
Սիրված հատվածներ
Էջ 443 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Էջ 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Էջ 464 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Էջ 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Էջ 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Էջ 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Էջ 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Էջ 411 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Էջ 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Էջ 230 - That where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...