Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Cases and Principal Matters, Том 1J. Butterworth and Son, 1827 |
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Сторінка 23
... ship and cargo . Lord LOUGHBOROUGH . - It is contrary to justice to permit the Defendant to proceed in the writ of error , since he has by his own act and consent prevented the Plaintiff from pursuing the common course of law in the ...
... ship and cargo . Lord LOUGHBOROUGH . - It is contrary to justice to permit the Defendant to proceed in the writ of error , since he has by his own act and consent prevented the Plaintiff from pursuing the common course of law in the ...
Сторінка 37
... ship called The Earl of Chatham , against the Defendants , on an agreement to purchase oil , the cargo of the ship . The declaration stated , that on the 29th of August , 1786 , the Plaintiffs sold the cargo to the Defendants , at the ...
... ship called The Earl of Chatham , against the Defendants , on an agreement to purchase oil , the cargo of the ship . The declaration stated , that on the 29th of August , 1786 , the Plaintiffs sold the cargo to the Defendants , at the ...
Сторінка 39
... ship Britannia , which had been purchased by Eyre and Co. and had the cellars locked . 66 r Kilbington sold oil to Eyre and Co. by Garforth the broker , delivered to Hattersley , who gave in payment a bill accepted by Eyre and Co. and ...
... ship Britannia , which had been purchased by Eyre and Co. and had the cellars locked . 66 r Kilbington sold oil to Eyre and Co. by Garforth the broker , delivered to Hattersley , who gave in payment a bill accepted by Eyre and Co. and ...
Сторінка 41
... ship let for a term of years to the master , who covenanted to repair her at his sole expense , were held liable for repairs , though the ship- builder supposed the master to be the owner , and gave credit only to him . - The firm of a ...
... ship let for a term of years to the master , who covenanted to repair her at his sole expense , were held liable for repairs , though the ship- builder supposed the master to be the owner , and gave credit only to him . - The firm of a ...
Сторінка 43
... ship - loads ; and to some of the vendors , the Defendants , during the treaty , declare it to be a common concern between them and Eyre and Co. , in whose name the purchases were made . But with respect to the Plaintiffs , the purchase ...
... ship - loads ; and to some of the vendors , the Defendants , during the treaty , declare it to be a common concern between them and Eyre and Co. , in whose name the purchases were made . But with respect to the Plaintiffs , the purchase ...
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Загальні терміни та фрази
acceptor action admitted advowson affidavit aforesaid afterwards appears appointed argument assignment assumpsit attorney bail bankrupt bill of exchange bond Caleb Lomax capture cited common law contract costs count Court of Admiralty Court of Vice-Admiralty covenant Coverham creditors custom damages debt declaration deed Defendant demurrer discharged drawer Edward Barker entitled execution executors Eyre feme covert fendant GIBSON and JOHNSON given granted heirs Henry Killigrew holden husband indorsement interest issue James Cook James Wright John White judgment jury Justice King King's land liable Livesey London Lord Lord Mansfield Lucy Killigrew ment MINET nonsuit opinion paid parish parties payee payment person Plaintiff plea pleaded possession present prize question recover rent rule Runnington seised Serjt sheriff shew cause ship special verdict statute taken tenant Term Rep thereof Thomas Thomas Gibson tion trespass vested vicarage Weston Harper wife William William Rawles writ
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Сторінка 54 - And when ye reap the harvest of your land, thou shalt not wholly reap the corners of thy field, neither shalt thou gather the gleanings of thy harvest.
Сторінка 277 - MANSFIELD.—The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Сторінка 126 - ... which have been confiscated, belonging to real British subjects, and also of the estates, rights and properties of persons resident in districts in the possession of his Majesty's arms, and who have not borne arms against the said United States.
Сторінка 126 - ... against any person or persons, for or by reason of the part which he or they may have taken in the present War ; and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property ; and that those who may be in confinement on such charges at the time of the Ratification of the Treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued.
Сторінка 438 - on the same day and year last aforesaid, at London aforesaid, *' in the parish and ward aforesaid, (he the said George Tickner " Hardy so being a creditor of the said Peter James, and being " then wholly unsatisfied his debt) manifestly became a bank...
Сторінка 85 - ... for on the premises of the owner, an actual possession is given to the auctioneer and his servants by the owner, not merely an authority to sell. I have said a possession coupled with an interest: but an auctioneer has also a special property in him, with a lien for the charges of the sale, the commission, and the auction duty, which he is bound to pay.
Сторінка 439 - CD in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick...
Сторінка 591 - ... woman be forcibly taken away, and married, she may be a witness against such her husband, in order to convict him of felony. For in this case she can with no propriety be reckoned his wife; because a main ingredient, her consent, was wanting to the contract: and also there is another maxim of law, that no man shall take advantage of his own wrong...
Сторінка 162 - If a man applies to a surgeon to attend him in a disorder for a reward, and the surgeon treats him improperly, there is gross negligence, and the surgeon is liable to an action. The surgeon would also be liable for such negligence, if he undertook gratis to attend a sick person, because his situation implies skill in surgery.