Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive, Volume 2;Volume 15J. Butterworth, 1811 |
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Halaman 2
... ground that , although in an action for money had and received , it would have been necessary to shew that the contract was completely rescinded , yet that this being an action upon a bill of exchange , upon the failure of the ...
... ground that , although in an action for money had and received , it would have been necessary to shew that the contract was completely rescinded , yet that this being an action upon a bill of exchange , upon the failure of the ...
Halaman 3
... ground to resist the payment , it would also be a sufficient ground to recover back the price after it was paid , and then the purchaser would have both the horse and the price . The buyer , therefore , cannot defend himself here ...
... ground to resist the payment , it would also be a sufficient ground to recover back the price after it was paid , and then the purchaser would have both the horse and the price . The buyer , therefore , cannot defend himself here ...
Halaman 11
... grounds , a distinction remains to be taken between the prizes taken from the French , and those taken from the ... ground : if therefore he claims as a flag officer , his claim must be determined upon an examination of the several ...
... grounds , a distinction remains to be taken between the prizes taken from the French , and those taken from the ... ground : if therefore he claims as a flag officer , his claim must be determined upon an examination of the several ...
Halaman 19
... ground of the law of nations , which it cannot , yet it would be found that the Marquis de Nisa would have no title to a share in the proceeds of this capture . It may be admitted that the forces of two allies effecting a naval capture ...
... ground of the law of nations , which it cannot , yet it would be found that the Marquis de Nisa would have no title to a share in the proceeds of this capture . It may be admitted that the forces of two allies effecting a naval capture ...
Halaman 23
... grounds than those of the prize acts and proclamations . Unless , indeed , this had been ad- mitted , it must have been contended that if any Portuguese force , however superior in number , had joined the smallest British squadron , all ...
... grounds than those of the prize acts and proclamations . Unless , indeed , this had been ad- mitted , it must have been contended that if any Portuguese force , however superior in number , had joined the smallest British squadron , all ...
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action Admiralty advowson affidavit annuity assigned assumpsit attorney averred bail Bailiffs ballot bankers bankrupt Best Serjt bill Bishop of EXETER bond burgage capture cent Charles Hill charter-party claim coal consideration contended contrà contract costs count Court court of equity covenant debt declaration deed defendant defendant's delivered demise discharge entitled evidence expence fendant flag officer freight Gottenburgh grant ground held Hilary term judgment jury Lawrence liable licence London Lord Lord Ellenborough Mansfield C. J. Marquis de Niza ment non est factum nonsuit obtained a rule owner paid party payment person Petersburgh plaintiff plea pleaded port Port-au-Prince possession present prize proceed proved purchaser question receive recover return cargo Rule absolute rule nisi sailed Shepherd Serjt sheriff shewed cause ship sold statute sufficient tenant term Tewkesbury thereof tion toll trial trover trust usurious verdict vessel voyage
Bagian yang populer
Halaman 408 - ... on a former day in this term, obtained a rule nisi, for...
Halaman 419 - MAJESTY'S DOMINIONS, OR OF HIS ALLIES, in the manner hereinafter mentioned. " His majesty is therefore pleased further to order, and it is hereby ordered, that nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel, belonging to any country not...
Halaman 421 - Frigate, beginning the adventure on the goods from the loading thereof on board the said ship at St.
Halaman 310 - There is enough property in this plaintiff to enable him to maintain trover against a wrong-doer; and although it has been urged that the contract is void, with respect to the rights of third persons, as well as between the parties, yet, as far as regards the possession, it is good as against all, except the vendor himself.
Halaman 47 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Halaman 186 - Payment of any Principal or Money to be lent, or covenanted to be performed, upon or for any Usury, whereupon or whereby there shall be reserved or taken above the Rate of Six Pounds in the Hundred, as aforesaid, shall be utterly void...
Halaman 440 - Parliament, or within twenty years next after any other title of entry accrued ; (4) and that no person or persons shall at any time hereafter make any entry into any lands, tenements or hereditaments, but within twenty years next after his or their right or title which shall...
Halaman 124 - The question for the opinion of the Court was, Whether the plaintiffs were entitled to recover?
Halaman 113 - But as it happens, in this will, the last words are ' permit and suffer,' which give the ceetui que trust a legal estate ; and the general rule is, that if there be a repugnancy, the first words in a deed, and the last words in a will, shall prevail...
Halaman 278 - As to the general property in the abstract, it is hard to say who may have it ; while the contract is open, it is neither in the vendor nor in the vendee absolutely ; but, if the sale goes on, it is the property of the vendee ; if the sale is broken off, it is the property of the vendor. In the mean time the vendee has a temporary property, and a right to keep it, even if the title be rejected, until the dispute be finally settled, for his own justification, in order to show on what ground he did...