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] Both Inclusive. With Tables of the Cases and Principal Matters, Volume 2A. Strahan, 1811 |
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Halaman 2
... was a found horfe , the bill was gone . Shepherd Serjt . , in fhewing cause , contended that the circumftance of the horse not proving found was no an- { wer fwer to the Plaintiff's cafe . If a horfe or CASES IN TRINITY TERM.
... was a found horfe , the bill was gone . Shepherd Serjt . , in fhewing cause , contended that the circumftance of the horse not proving found was no an- { wer fwer to the Plaintiff's cafe . If a horfe or CASES IN TRINITY TERM.
Halaman 13
... the prefent term , by Shepherd Serjt . for the Plaintiff , and Best Serjt . for the Defendant . S Argu- 1809 . DUCKWORTN V. TUCKER 1809 . DUCKWORTH V. TUCKER . Arguments for the Plaintiff IN THE FORTY - NINTH YEAR OF GEORGE III . 13.
... the prefent term , by Shepherd Serjt . for the Plaintiff , and Best Serjt . for the Defendant . S Argu- 1809 . DUCKWORTN V. TUCKER 1809 . DUCKWORTH V. TUCKER . Arguments for the Plaintiff IN THE FORTY - NINTH YEAR OF GEORGE III . 13.
Halaman 43
... Shepherd Serjt . contrà . The plaintiff is not entitled to fuftain this verdict . The contract is for a fale of turnips by ftiches , the thing fold is growing on the land , it is measured by the extent of land which it covers : for ...
... Shepherd Serjt . contrà . The plaintiff is not entitled to fuftain this verdict . The contract is for a fale of turnips by ftiches , the thing fold is growing on the land , it is measured by the extent of land which it covers : for ...
Halaman 49
... Shepherd Serjt . , in fhewing though two other caufe , obferved that it had been decided in the cafe of fureties not in Crompton v . Steward , 7T . R. 19. , that the rule of court cuftody join did not apply to cafes where the Defendant ...
... Shepherd Serjt . , in fhewing though two other caufe , obferved that it had been decided in the cafe of fureties not in Crompton v . Steward , 7T . R. 19. , that the rule of court cuftody join did not apply to cafes where the Defendant ...
Halaman 52
... Shepherd Serjt . propofed to give in evidence a copy of a judgment in replevin between the fame par- ties , obtained in the preceding year , upon an avowry for rent of the fame premifes . The witnefs who produced the paper being asked ...
... Shepherd Serjt . propofed to give in evidence a copy of a judgment in replevin between the fame par- ties , obtained in the preceding year , upon an avowry for rent of the fame premifes . The witnefs who produced the paper being asked ...
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abfolute action affigned againſt alfo alſo annuity becauſe Beft bill bills of lading burgage cafe capture cargo caſe cauſe Charles Hill charter-party cofts confequently confideration contract Court court of equity declaration deed Defendant Defendant's demife diſcharge eftate entitled eſtate faid fale fame fecond fecurity fentence fhall fheriff fhewed caufe fhip fhould figned fince firſt flag officer fold fome freight ftated ftatute fubject fuch fufficient fupport Hilary term himſelf houfe houſe iffue infured intereft laft licence lofs Lord mafter Mansfield C. J. Marquis de Niza muſt neceffary nonfuit obferved owner paffed paid party payment perfons Plaintiff plea poffeffion port Port-au-Prince prefent premiſes prize purchaſer purpoſe queſtion reaſon recover refpect refuſed rule nifi ſaid ſet ſhall ſhe Shepherd Serjt ſhip ſtated ſtock ſuch term Tewkesbury thefe theſe thofe thoſe tion toll trial trover truft truſtee unleſs veffel verdict voyage
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Halaman 186 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for 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 five pounds in the hundred, as aforesaid, shall be utterly void...
Halaman 257 - ... the measure of damages is the price at the day when it ought to have been replaced, or the price at the day of the trial, at the option of the plaintiff...
Halaman 413 - Debray, an officer, drew a bill on the agent of a regiment, payable out of the first money which should become due to him on account of arrears, or non-effective money, Adair did not accept the bill, but marked it in his book ; and promised to pay when effects came to hand. Debray died before the bill was paid ; and the administratrix...
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...
Halaman 12 - If there be but two flag officers, the chief shall have twothird parts of the said one-fourth, and the other shall have the remaining third part ; but if the number of flag officers be more than two, the chief shall have only one half, and the other half shall be equally divided...
Halaman 186 - ... pounds for the forbearance of one hundred pounds for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter time...
Halaman 83 - J. I am of opinion that the defendant is entitled to the judgment of the Court on the demurrer to the second replication to the fourth plea.
Halaman 422 - Now who can say, that no risk was run, during the five months' stay at Genoa, or no damage happened in that period ? The policy is founded on misrepresentation : the ship is insured " at and from Genoa, to Dublin ; the adventure to " begin from the loading, to equip for this voyage.
Halaman 418 - ... that all the ports and places of France and her allies, or of any other country at war with his majesty, and all other ports or places in Europe, from which, although not at war with his majesty, the British flag is excluded, and all ports or places in the colonies belonging to his majesty's enemies, shall from henceforth, be...
Halaman 12 - Part, and the other shall have the remaining Third Part; but if the Number of Flag Officers be more than Two, the Chief shall have only One Half, and the other Half shall be equally divided amongst the other Flag Officers...