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 39
... DEBT on a joint and several bond , dated 1st Ja- nuary , 1804 , from the defendant and N. Purchas , the younger , to the plaintiffs , and William Havard , their deceased partner , in the penal sum of 91817. 16s . 6d . Plea , after ...
... DEBT on a joint and several bond , dated 1st Ja- nuary , 1804 , from the defendant and N. Purchas , the younger , to the plaintiffs , and William Havard , their deceased partner , in the penal sum of 91817. 16s . 6d . Plea , after ...
Seite 43
... debt due at the death of Havard must be considered as discharged , either by the first monies which were paid subse- quently to the death of Havard or by the fact of the transfer to the sons ' account , or by the balance due to the sons ...
... debt due at the death of Havard must be considered as discharged , either by the first monies which were paid subse- quently to the death of Havard or by the fact of the transfer to the sons ' account , or by the balance due to the sons ...
Seite 44
... debt he pleases ; but if he makes no appropriation , then the creditor may at his election apply the same to the discharge of any one of several debts to the exclusion of the rest . Kirby v . Duke of Marlborough ( a ) , Peters v ...
... debt he pleases ; but if he makes no appropriation , then the creditor may at his election apply the same to the discharge of any one of several debts to the exclusion of the rest . Kirby v . Duke of Marlborough ( a ) , Peters v ...
Seite 46
... debt incurred by the subsequent advances , to the exclusion of the bond debt . It certainly seems most consistent with reason , that where payments are made upon one entire ac- count , that such payments should be considered as payments ...
... debt incurred by the subsequent advances , to the exclusion of the bond debt . It certainly seems most consistent with reason , that where payments are made upon one entire ac- count , that such payments should be considered as payments ...
Seite 47
... debt : here the converse of the proposition applies , and the payment by the debtor , to the sur- viving partners from time to time , upon one general account , including the old debt to the plaintiff and Havard , must , upon the same ...
... debt : here the converse of the proposition applies , and the payment by the debtor , to the sur- viving partners from time to time , upon one general account , including the old debt to the plaintiff and Havard , must , upon the same ...
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Häufige Begriffe und Wortgruppen
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
Beliebte Passagen
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...