Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Volume 12J. Butterworth and Son, 1808 |
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Halaman 11
... Statute of frauds , be charged upon any promise to pay the debt of an- other , unless the agreement upon which the action is WAIN and Another against WARLTERS . THE plaintiffs declared , that at the time of making the promise after ...
... Statute of frauds , be charged upon any promise to pay the debt of an- other , unless the agreement upon which the action is WAIN and Another against WARLTERS . THE plaintiffs declared , that at the time of making the promise after ...
Halaman 12
... statute of frauds , yet that it did not express the consideration of the defendant's pro- mise , which was also required by the statute to be in writ- ing ; and that this omission could not be supplied by parol evidence ( which the ...
... statute of frauds , yet that it did not express the consideration of the defendant's pro- mise , which was also required by the statute to be in writ- ing ; and that this omission could not be supplied by parol evidence ( which the ...
Halaman 13
... statute to guard against . Upon the face of the paper , the debt appears to be the debt of another ; and as a mere pro- mise to pay the debt of another , without any consideration , would , before the statute , have been void , as nudum ...
... statute to guard against . Upon the face of the paper , the debt appears to be the debt of another ; and as a mere pro- mise to pay the debt of another , without any consideration , would , before the statute , have been void , as nudum ...
Halaman 14
... statute of frauds , might have been proved wholly by oral testimony ; but since that statute , the promise can only be evidenced by writing , signed by the party to be charged therewith , or by some other lawfully authorized . It is dif ...
... statute of frauds , might have been proved wholly by oral testimony ; but since that statute , the promise can only be evidenced by writing , signed by the party to be charged therewith , or by some other lawfully authorized . It is dif ...
Halaman 15
... statute does not require the whole agreement to be set out in form ; but it is sufficient if there be a note or memorandum of it in writ ing ; that is , so much of the agreement as is obligatory on " the party to be charged therewith ...
... statute does not require the whole agreement to be set out in form ; but it is sufficient if there be a note or memorandum of it in writ ing ; that is , so much of the agreement as is obligatory on " the party to be charged therewith ...
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Aberavon act of parliament action admitted affignees aforesaid afterwards againſt agreement alfo alleged Ann Vickers assumpsit award bailiffs bankrupt becauſe bill burgeffes cafe caſe caufe cauſe charge cofts common law confideration contract copyhold count Court debts declaration defendant devise diſcharge eftate entitled executors faid fame feifin fettlement fhall fhew fhip fhould fome fons fpecial freehold freight ftat ftated ftatute fubject fuch fufficient Gamlyn George Snelling Gillingham habeas corpus heir High Ham himſelf holden iffue infured judgment jurifdiction jury laft lands liable Lord ELLENBOROUGH C. J. manor mayor ment messuages muſt notice paid parish party perfon plaintiff plea poffeffion prefent prize prize court prohibition promife purpoſe question recover refident refpect rent rule ſaid Seffions sentence ſhall ſhip ſtated ſuch tenant tenements Term Rep testator thereof theſe thoſe tion tolls uſe veffel verdict words writ writ of right WROOT
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Halaman 130 - the law of the place,' he said, 'can never be the rule where the transaction is entered into with an express view to the law of another country, as the rule by which it is to be governed.
Halaman 118 - Suit shall and may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if...
Halaman 130 - Golding (c), and ever since recognized, that " what is a discharge of a debt in the country where it was contracted, is a discharge of it everywhere.
Halaman 184 - The goods had so far gotten to the end of their journey that they waited for new orders from the purchaser to put them again in motion, to communicate to them another substantive destination, and that without such orders they would continue stationary...
Halaman 131 - We always import together with their persons the existing relations of foreigners as between themselves, according to the laws of their respective countries; except indeed where those laws clash with the rights of our own subjects here, and one or other of the laws must necessarily give way, in which case our own is entitled to the preference.
Halaman 104 - The question for the opinion of the court was, whether the plaintiffs were entitled to recover back the money so paid to the defendants.
Halaman 123 - An act to establish an uniform system of bankruptcy throughout the United States," shall be, and the same is hereby repealed.
Halaman 20 - Now the agreement is that which is to show what each party is to do or perform, and by which both parties are to be bound ; and this is required to be in writing. If it were only necessary to show what one of them was to do, it would be sufficient to state the promise made by the defendant who was to be charged upon it.
Halaman 17 - ... necessary for effectuating the object of the statute that the consideration should be set down in writing as well as the promise; for otherwise the consideration might be illegal, or the promise might have been made upon a condition precedent, which the party charged may not afterwards be able to prove, the omission of which would materially vary the promise, by turning that into an absolute promise which was only a conditional one...
Halaman 183 - ... true. If it be predicated of the vendee's own actual touch, or of the touch of any other person, it comes in each instance to a question, whether the party to whose touch it actually comes, be an agent so far representing the principal, as to make the delivery to him a full, effectual, and final delivery to the principal, as contradistinguished from a delivery to a person virtually acting as a carrier, or mean of conveyance to or on the account of the principal, in a mere course of transit towards...