An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 halaman |
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Halaman xvii
... Sale of Distresses for Rent Arrear VIII . Of Pound Breach , and Rescous IX . Of abusing the Distress , and of Irregularity in the Proceedings by the Party dis- training 623 625 627 NAMES OF CASES . ( The Cases in Italics are CONTENTS .
... Sale of Distresses for Rent Arrear VIII . Of Pound Breach , and Rescous IX . Of abusing the Distress , and of Irregularity in the Proceedings by the Party dis- training 623 625 627 NAMES OF CASES . ( The Cases in Italics are CONTENTS .
Halaman 44
... breach of his express pro- mise , undertaking , or assumpsit . " See 1 Roll . Abr . 9. 1. 41 . Doct . and Stud . Dial . 2. ch . 24. and Elsee v . Gatward , 5. T.R. 143 . that an action will not lie for a mere nonfeasauce , unless the ...
... breach of his express pro- mise , undertaking , or assumpsit . " See 1 Roll . Abr . 9. 1. 41 . Doct . and Stud . Dial . 2. ch . 24. and Elsee v . Gatward , 5. T.R. 143 . that an action will not lie for a mere nonfeasauce , unless the ...
Halaman 53
... breach of that duty in acceding to it . " Consideration past or executed . It remains only to add , that a consideration , past or executed , will not support a subsequent promise , unless the act was done at the request , either ...
... breach of that duty in acceding to it . " Consideration past or executed . It remains only to add , that a consideration , past or executed , will not support a subsequent promise , unless the act was done at the request , either ...
Halaman 58
... breach of the agreement . Hence where the consideration was , that the plaintiff would procure the defendant to be presented and instituted to a chapel ' , which was a donative in the king's gift , it was ad- judged illegal , on the ...
... breach of the agreement . Hence where the consideration was , that the plaintiff would procure the defendant to be presented and instituted to a chapel ' , which was a donative in the king's gift , it was ad- judged illegal , on the ...
Halaman 63
... breach of duty ( 18 ) . Of fraudulent Agreements . - 3dly . The agreement must be fair and honest , and not entered into for a fraudulent purpose ; for fraudulent contracts are considered in the n Mitchell v . Cockburne , 2 H. Bl . 379 ...
... breach of duty ( 18 ) . Of fraudulent Agreements . - 3dly . The agreement must be fair and honest , and not entered into for a fraudulent purpose ; for fraudulent contracts are considered in the n Mitchell v . Cockburne , 2 H. Bl . 379 ...
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Istilah dan frasa umum
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
Bagian yang populer
Halaman 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.
Halaman 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Halaman 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.
Halaman 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Halaman 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.
Halaman 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Halaman 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Halaman 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.
Halaman 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...
Halaman 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...