An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 halaman |
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Halaman 44
... consideration ; consequently in actions of 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 ...
... consideration ; consequently in actions of 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 ...
Halaman 45
... consideration must be of some value , in contemplation of law ( 3 ) ; for where A. in consideration that B. would make an estate at will to him , as his counsel should devise , promised , & c . it was holden a void promise , for want of ...
... consideration must be of some value , in contemplation of law ( 3 ) ; for where A. in consideration that B. would make an estate at will to him , as his counsel should devise , promised , & c . it was holden a void promise , for want of ...
Halaman 46
... consideration . Hence a promise made by the master , when a ship was in distress , to pay an extra sum to a mariner as an inducement to extraordinary exertion on his part , has been holden to be void ; because a seaman is bound to exert ...
... consideration . Hence a promise made by the master , when a ship was in distress , to pay an extra sum to a mariner as an inducement to extraordinary exertion on his part , has been holden to be void ; because a seaman is bound to exert ...
Halaman 47
... consideration whereof , the defendant promised the executor to pay him the lesser sum . On as- sumpsit brought , an exception was taken , in arrest of judg- ment , that the consideration was insufficient , because it did not appear that ...
... consideration whereof , the defendant promised the executor to pay him the lesser sum . On as- sumpsit brought , an exception was taken , in arrest of judg- ment , that the consideration was insufficient , because it did not appear that ...
Halaman 48
... consideration of the premises , and also in consideration that plaintiff would forbear and give day of payment of said sum of money , as aftermentioned , defendant N. by note in writing , signed by . her according to the statute , & c ...
... consideration of the premises , and also in consideration that plaintiff would forbear and give day of payment of said sum of money , as aftermentioned , defendant N. by note in writing , signed by . her according to the statute , & c ...
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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...