Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Band 2J. Butterworth and Son, 1819 |
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Seite 12
... contract on ac- count of the ship , yet in many respects stand in a very different situation from that of partners ; and for this amongst other reasons , that in the case of a partner- ship every man knows who his partner is , but when ...
... contract on ac- count of the ship , yet in many respects stand in a very different situation from that of partners ; and for this amongst other reasons , that in the case of a partner- ship every man knows who his partner is , but when ...
Seite 19
... contract otherwise ; and here they have made the freight payable de die in diem , without refer- ence to the successful termination of the voyage . There are two distinct covenants , one is , " to pay freight to C 2 the 1818 . GIBBON ...
... contract otherwise ; and here they have made the freight payable de die in diem , without refer- ence to the successful termination of the voyage . There are two distinct covenants , one is , " to pay freight to C 2 the 1818 . GIBBON ...
Seite 23
... contract for the parties , but must look at the terms in which the contract itself is expressed . The words of the covenant are " that the freighter should pay to the owner freight at so much per ton per calendar month for the space of ...
... contract for the parties , but must look at the terms in which the contract itself is expressed . The words of the covenant are " that the freighter should pay to the owner freight at so much per ton per calendar month for the space of ...
Seite 24
... contract itself contains a qualification as to the time of payment , and that that time has not arrived , and never can arrive , we ought to see most clearly , from other parts of the instrument , that the construction now contended for ...
... contract itself contains a qualification as to the time of payment , and that that time has not arrived , and never can arrive , we ought to see most clearly , from other parts of the instrument , that the construction now contended for ...
Seite 32
... contract to pay the bill when due : the mere detention of the bill is at most no more than a breach of duty , in neglecting to return it within a reasonable time ; a duty resulting only from the usage between the parties ; but such ...
... contract to pay the bill when due : the mere detention of the bill is at most no more than a breach of duty , in neglecting to return it within a reasonable time ; a duty resulting only from the usage between the parties ; but such ...
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ABBOTT C. J. acceptance act of parliament action affidavit appears apply appointment argued assignee ASSUMPSIT authority bail bankrupt barratry BAYLEY Bickley bill of exchange Birmingham canal navigations bond borough brokers Broxwood canal cargo charter-party cited clause commissioners considered contended contrà contract Court covenant daughter Debenham debt declaration deed defendant delivered demised discharged Douglas Navigation entitled to recover estoppel execution expressly freehold freight freighter given grant heirs held HOLROYD Huggate Inhabit issue judgment jury justices KING lands latter learned Judge lease lessee lessor liable Liverpool Lord Lord Ellenborough loss master ment Mowbray navigation Netherthong nonsuit notice opinion owner paid parish party pauper payment person plaintiff plea Polesworth possession premises purpose question received refused rent rule sessions settlement sheriff shewed cause ship statute tenant term testator township trial trustees TWYNAM verdict voyage Walsall wife words writ
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Seite 656 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Seite 636 - Will. 4, c. 76, to shew cause why a writ of mandamus should not issue, directed to them, commanding them to obey a certain order, under the hands and seals of the Poor Law Commissioners, &c.
Seite 63 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Seite 522 - ... by reason of some defects in the law poor people are not restrained from going from one parish to another, and therefore do endeavour to settle themselves in those parishes where there is the best stock, the largest commons or wastes to build cottages, and the most woods for them to burn and destroy, and when they have consumed it then to another parish, and at last become rogues and vagabonds, to the great discouragement of parishes to provide stocks where it is liable to be devoured by strangers...
Seite 410 - ... over, within the custom of merchants, to any other person; and that such person to whom the sum of money mentioned in such note is payable, cannot maintain an action, by the custom of merchants, against the person who first made and signed the same...
Seite 133 - A factor is a person to whom goods are consigned for sale by a merchant residing abroad or at a distance from the place of sale ; and he usually sells in his own name...
Seite 619 - ... sealed and delivered, in the presence of, and attested by two or more credible witnesses...
Seite 412 - Lincoln assizes a verdict was found for the plaintiff, with 60/. damages, subject to the opinion of the court on the following case : — The defendant occupied a farm, consisting of a messuage, cottages, barn, stables, out-houses, and lands, at Bigby, in the county of Lincoln, under a lease from the plaintiff for...
Seite 524 - ... appeal to the next General Quarter Sessions of the Peace, to be held for the said county, riding or division, city or town corporate, who, upon hearing of the said appeal, shall have full power finally to determine the same.
Seite 782 - But where acts are done or omitted by the owner of the inheritance, and persons dealing with him as to the land, which ought not reasonably to be done or omitted, if: the term existed in the hands of a trustee, and if there do not appear to be any thing that should prevent a surrender from having been made; in such. cases, the things done or omitted may most reasonably be accounted for by supposing a surE render of the terra, and therefore a surrender may be presumed : We think there are Such things...