 | 1833 - 560 Seiten
...accepting, or presenting, or notice of dishonor of the bill or note. 3d, In every species of assumpsit, all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | 1837 - 972 Seiten
...to operate as a denial of the sale and delivery in point of fact, and in every species of assumpsit, all matters in confession and avoidance, including...point of law, on the ground of fraud or otherwise, must be •pecially pleaded. One of the general objects of these new rules was to compel a defendant... | |
 | 1832 - 504 Seiten
...denial of the goods sold or money lent, &c. in point of fact ; and that in every species of assumpsit all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, shall be specially pleaded. ' In... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 Seiten
...by way of " 3 • • PLEADING. discharge, but those which shew the transaction to be in assumpsit, either void or voidable in point of law, on the ground...of ^ fraud or otherwise, shall be specially pleaded ; ex. gr. abidance to be * " pleaded speimancy, coverture, release, payment, performance, illega- ciaiiy.... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1834 - 652 Seiten
...presenting, or notice of dishonour of the bill or note. * ' ' • 3. In every species of nssumpsti, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded. Ex. gr. Infancy — coverture— release — payment — performance — illegality of consideration,... | |
 | England, Great Britain - 1834 - 254 Seiten
...accepting or presenting, or notice of dishonour of the bill or note. 3d. In every species of assumpsit, all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 Seiten
...refused. PATTESON, J. — The new rules of pleading, of HT 4 W. 4 (a), expressly say, that all matters which shew the transaction to be either void or voidable in point of law, must be pleaded ; and among the examples is mentioned, illegality of consideration, either by statute... | |
 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1835 - 966 Seiten
...the general issue ; for by the rule, ASSDMPSIT 3, it is ordered, that " in every species of assumpsit all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded." Then is the interest intended to be conveyed by this instrument such as is capable of passing by parol... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1835 - 818 Seiten
...issue, involving matter of law as well as matter of fact, but a mere denial of matter of fact; and all matters in confession and avoidance, including...transaction to be either void or voidable in point of law, must be specially pleaded. The object of the rule was, that neither party should be taken by surprise,... | |
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In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
