An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 էջ |
From inside the book
Արդյունքներ 81–ի 1-ից 5-ը:
Էջ xiv
... Conditions precedent , and independent Covenants 450 to 467 VII . Of the Pleadings , 468 1. Accord and Satisfaction ib . 2. Eviction 470 3. Infancy 471 4. Levied by Distress 472 5. Nil habuit in tenementis ib . 6. Non est factum 475 7 ...
... Conditions precedent , and independent Covenants 450 to 467 VII . Of the Pleadings , 468 1. Accord and Satisfaction ib . 2. Eviction 470 3. Infancy 471 4. Levied by Distress 472 5. Nil habuit in tenementis ib . 6. Non est factum 475 7 ...
Էջ xv
... Condition to perform Covenants - Assigning Breaches under Stat . 8 & 9 W. 3. c . 11. s . 8 . VI , Debt on Bond of Ancestor against Heir- Pleadings : Riens per Descent - Repli- cation Of the Liability of the Heir for the Value of the ...
... Condition to perform Covenants - Assigning Breaches under Stat . 8 & 9 W. 3. c . 11. s . 8 . VI , Debt on Bond of Ancestor against Heir- Pleadings : Riens per Descent - Repli- cation Of the Liability of the Heir for the Value of the ...
Էջ 57
... condition performed : as if a bankrupt after ob- taining his certificate , promise to pay a prior debt when he is able , the plaintiff must prove the ability of the defendant to pay at the time of the action brought on the subsequent ...
... condition performed : as if a bankrupt after ob- taining his certificate , promise to pay a prior debt when he is able , the plaintiff must prove the ability of the defendant to pay at the time of the action brought on the subsequent ...
Էջ 83
... condition , are liable to be op- pressed and imposed upon by the other , the party paying is not considered as standing in pari delicto ; and in furtherance of these statutes , the person injured , after the transaction is finished and ...
... condition , are liable to be op- pressed and imposed upon by the other , the party paying is not considered as standing in pari delicto ; and in furtherance of these statutes , the person injured , after the transaction is finished and ...
Էջ 90
... condition that he , whose number should be drawn on the day next following the agreement , should receive from the other an undrawn ticket , or the value of it ; the defendant's number being drawn , he chose the value of it , and ...
... condition that he , whose number should be drawn on the day next following the agreement , should receive from the other an undrawn ticket , or the value of it ; the defendant's number being drawn , he chose the value of it , and ...
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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...