A Treatise on the Law of Evidence, Volume 2C.C. Little and J. Brown, 1854 |
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Halaman 31
... perform , the plea was held bad , the ac- cord being only executory . But whether , where the agree- ment is for the performance of some collateral act , and is upon sufficient consideration , a tender of performance is equivalent to a ...
... perform , the plea was held bad , the ac- cord being only executory . But whether , where the agree- ment is for the performance of some collateral act , and is upon sufficient consideration , a tender of performance is equivalent to a ...
Halaman 32
... perform a collateral agreement is not to be taken for a performance , or as the satisfaction required by law.1 1 Coit v . Houston , 3 Johns . Cas . 249 , per Thompson , J .; Case v . Barber , T. Raym . 450 ; 1 Com . Dig . Accord , B. 4 ...
... perform a collateral agreement is not to be taken for a performance , or as the satisfaction required by law.1 1 Coit v . Houston , 3 Johns . Cas . 249 , per Thompson , J .; Case v . Barber , T. Raym . 450 ; 1 Com . Dig . Accord , B. 4 ...
Halaman 63
... perform the award ; or by deed or by rule of Court ; or by any other mode , pointed out by statute . In the first case , the remedy may be by an action of assump- sit , upon the promise to perform the award ; in the second , it may be ...
... perform the award ; or by deed or by rule of Court ; or by any other mode , pointed out by statute . In the first case , the remedy may be by an action of assump- sit , upon the promise to perform the award ; in the second , it may be ...
Halaman 64
... perform the award so made . And the plaintiff avers , that the said A. , B .. and C. , afterwards heard the plaintiff and the said D. upon all the matters referred to them as aforesaid , and thereupon , on the said [ A. and B. , two of ...
... perform the award so made . And the plaintiff avers , that the said A. , B .. and C. , afterwards heard the plaintiff and the said D. upon all the matters referred to them as aforesaid , and thereupon , on the said [ A. and B. , two of ...
Halaman 68
... perform an award ; in which case an actual request must be alleged and proved . In all other cases , where the award is for money , which is not paid , the burden of proof is on the defendant , to show that he has paid the sum awarded ...
... perform an award ; in which case an actual request must be alleged and proved . In all other cases , where the award is for money , which is not paid , the burden of proof is on the defendant , to show that he has paid the sum awarded ...
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Istilah dan frasa umum
17 Mass acceptor accord and satisfaction action actual admissible alleged amount assumpsit averment Bank bill or note Bing Bull Campb Chitty & Hulme circumstances claim Common Law contract Court covenant Cowen Cowp creditor damages debt debtor declaration deed defendant defendant's demand drawer East Eccl entitled evidence execution executor fact Greenl Hagg Hamp held holder Hulme on Bills Ibid indorser injury issue Jackson Johns judgment Jury land liable loss marriage matter ment mitigation of damages necessary non est factum notice owner paid party patent payable payment person Pick plaintiff plea pleaded possession presumption primâ facie principle promise promissory note proof prove question recover rule Saund seisin Shepl sheriff Smith Stark Stat statute Statute of Frauds statute of limitations Story on Bills sufficient supra Taunt tenant testator tion tort trespass trover Wend witnesses
Bagian yang populer
Halaman 370 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a, defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it. that he did not know he was doing what was wrong.
Halaman 237 - His heirs and assigns forever against the lawful claims and demands of all persons...
Halaman 39 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Halaman 370 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land...
Halaman 371 - For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in selfdefence, he would be exempt from punishment. If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Halaman 501 - ... or the page immediately following, if it be a book ; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected...
Halaman 13 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Halaman 370 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real. For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
Halaman 282 - I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages ? To be sure, one can hardly conceive worse conduct than this.
Halaman 205 - It is now well settled that a common carrier may qualify his liability by a general notice to all who may employ him, of any reasonable requisition to be observed on their part, in regard to the manner of delivery and entry of parcels, and the information to be given to him of their contents, the rates of freight, and the like as, for example, that he will not be responsible for goods above the value of a certain sum, unless they are entered as such, and paid for accordingly :