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" I now consider this as the correct rule,* that if there has been no beneficial service, there shall be no pay ; but if some benefit has been derived, though not to the extent expected, this shall go to the amount of the plaintiff's demand, leaving the... "
The Law of Nisi Prius: Being Reports of Cases Determined at Nisi Prius, in ... - Seite 233
von New York (State). Supreme Court, John Anthon - 1854 - 415 Seiten
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 Seiten
...there shall be no pay; but if some beneiit has been derived, though not to the extent expected, tins shall go to the amount of the plaintiff's demand,...defendant to his action for negligence. The claim shall be co-extensive with the benefit." There is a distinction however in this respect between a contract...
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An Abridgment of the Law of Nisi Prius, Band 1

William Selwyn - 1817 - 728 Seiten
...Camp. NPC 110. has been no beneficial service, there shall be no pay ; but if some benefit has been derived, though not to the extent expected, this shall...defendant to his action for negligence. The claim shall be co-extensive with the benefit." There is a distinction, however, in this respect between a contract...
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An Abridgment of the Law of Nisi Prius, Band 1

William Selwyn - 1817 - 728 Seiten
...no pay ; but if some benefit has been derived, though not to the extent expected, this shall go t6 the amount of the plaintiff's demand, leaving the...defendant to his action for negligence. The claim shall be co-exteusive with the benefit." There is a distinction, however, in this respect between a contract...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 Seiten
...rule,—that if there has been no beneficial service, there shall be no pay; but if some benefit has been derived, though not to the extent expected, this shall...defendant to his action for negligence. The claim shall be co-extensive with the benefit. Here then has there been any benefit, and to what amount ? If the...
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Treatise on the Law of Attornies, Solicitors, and Agents

Robert Maugham - 1825 - 550 Seiten
...rule,—that if there has been no beneficial service, there shall be no pay; but if some benefit has been derived, though not to the extent expected, this shall...defendant to his action for negligence. The claim shall be co-extensive with the benefit. Here then has there been any benefit, and to what amount ? If the...
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Treatise on the Law of Attornies, Solicitors, and Agents

Robert Maugham - 1825 - 554 Seiten
...has been no beneficial service, there shall be no pay ; but if some benefit has been derived, thougli not to the extent expected, this shall go to the amount...defendant to his action for negligence. The claim shall be co-extensive with the benefit. Here then has there been any benefit, and to what amount? If the...
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Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ...

Frederick Augustus Carrington, Great Britain. Court of King's Bench, Joseph Payne - 1827 - 714 Seiten
...: That if there has been no beneficial service, there shall be no pay; but if some benefit has been derived, though not to the extent expected, this shall...defendant to his action for negligence. The claim shall be co-extensive with the benefit." And in the case of Denew v. Dacerell, Esq. 3 Camp. 452, which was...
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Commentaries on the Laws of England, Band 1

William Blackstone - 1827 - 916 Seiten
...has been no beneficial sen-ice there shall be no pay ; but if some benefit, however slight, has been derived, though not to the extent expected, this shall go to the amount of the plaintiffs demand, leaving the defendant to his action for negligence. 3 Stark 6. 1 Camp. 39. 190....
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Condensed Reports of Decisions in the Supreme Court of Ohio, Band 1

Ohio. Supreme Court - 1832 - 976 Seiten
..."That if there has been no beneficial service, there shall be no pay; but if some benefit has been derived, though not to the extent expected, this shall...plaintiff's demand, leaving the defendant to his action for the negligence. The claim shall be co-extensive with the benefit." The case of Hasten v. Butter would...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Band 2

Joseph Chitty, Thomas Chitty - 1837 - 774 Seiten
...3 Stark. 6. ICampb. 38. 3 Campb. 4SI. 1 Ry. & Moo. 317. 9 B. k C. 92; but if some benefit has been derived, though not to the extent expected, this shall...plaintiff's demand, leaving the defendant to his action for the plaintiff's non-performance of the agreement. 3 Stark. 6. 1 Cumpb. 39. ISO. 7 East, 484 ; and though...
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