Reports of Cases Argued and Determined in the Court of Common Pleas and Other Courts from Michaelmas Term, 48 Geo. III. 1807 to Hilary Term, 59 Geo. III. 1819 Inclusive, Volume 2; Volume 15J. Butterworth, 1811 |
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Results 1-5 of 74
Page 2
... opinion that as the plaintiff had refused to receive back the horse , the con- tract for the sale was not rescinded , and that the defendant was therefore bound to pay the bill , and had his remedy by an action for the deceit ; and the ...
... opinion that as the plaintiff had refused to receive back the horse , the con- tract for the sale was not rescinded , and that the defendant was therefore bound to pay the bill , and had his remedy by an action for the deceit ; and the ...
Page 10
... opinion of the Court was , whether the Marquis de Niza was entitled to participate in the net produce of the said French and Spanish prizes respectively , or either of them , as a flag officer . If he was entitled to no such parti ...
... opinion of the Court was , whether the Marquis de Niza was entitled to participate in the net produce of the said French and Spanish prizes respectively , or either of them , as a flag officer . If he was entitled to no such parti ...
Page 24
... opinion is entitled to the greatest authority , he states the general rule of law to be , that allies are equally entitled to a share as our own troops , and that the Admiralty Courts recognize in them the same title which they would ...
... opinion is entitled to the greatest authority , he states the general rule of law to be , that allies are equally entitled to a share as our own troops , and that the Admiralty Courts recognize in them the same title which they would ...
Page 28
... opinion , that as the act of parliament referred only to ships of war in his majesty's pay , and privateers , that mode of division under the proclama- tion was not advisable , and that the proceeds should be deli- vered over to the ...
... opinion , that as the act of parliament referred only to ships of war in his majesty's pay , and privateers , that mode of division under the proclama- tion was not advisable , and that the proceeds should be deli- vered over to the ...
Page 36
... opinion ; and my lord has very fully stated the principles on which this case rests . This is an action for money had and received to the Plaintiff's use . The question is , how it came into the hands of the Defendant ? Under the prize ...
... opinion ; and my lord has very fully stated the principles on which this case rests . This is an action for money had and received to the Plaintiff's use . The question is , how it came into the hands of the Defendant ? Under the prize ...
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Common terms and phrases
action Admiralty advowson affidavit annuity assigned assumpsit attorney averred bail Bailiffs ballot bankers bankrupt Best Serjt bill Bishop of EXETER bond burgage capture cent Charles Hill charter-party claim coal consideration contended contrà contract costs count Court court of equity covenant debt declaration deed defendant defendant's delivered demise discharge entitled evidence expence fendant flag officer freight Gottenburgh grant ground held Hilary term judgment jury Lawrence liable licence London Lord Lord Ellenborough Mansfield C. J. Marquis de Niza ment non est factum nonsuit obtained a rule owner paid party payment person Petersburgh plaintiff plea pleaded port Port-au-Prince possession present prize proceed proved purchaser question receive recover return cargo Rule absolute rule nisi sailed Shepherd Serjt sheriff shewed cause ship sold statute sufficient tenant term Tewkesbury thereof tion toll trial trover trust usurious verdict vessel voyage
Popular passages
Page 408 - ... on a former day in this term, obtained a rule nisi, for...
Page 419 - MAJESTY'S DOMINIONS, OR OF HIS ALLIES, in the manner hereinafter mentioned. " His majesty is therefore pleased further to order, and it is hereby ordered, that nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel, belonging to any country not...
Page 421 - Frigate, beginning the adventure on the goods from the loading thereof on board the said ship at St.
Page 310 - There is enough property in this plaintiff to enable him to maintain trover against a wrong-doer; and although it has been urged that the contract is void, with respect to the rights of third persons, as well as between the parties, yet, as far as regards the possession, it is good as against all, except the vendor himself.
Page 47 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 186 - Payment of any Principal or Money to be lent, or covenanted to be performed, upon or for any Usury, whereupon or whereby there shall be reserved or taken above the Rate of Six Pounds in the Hundred, as aforesaid, shall be utterly void...
Page 440 - Parliament, or within twenty years next after any other title of entry accrued ; (4) and that no person or persons shall at any time hereafter make any entry into any lands, tenements or hereditaments, but within twenty years next after his or their right or title which shall...
Page 124 - The question for the opinion of the Court was, Whether the plaintiffs were entitled to recover?
Page 113 - But as it happens, in this will, the last words are ' permit and suffer,' which give the ceetui que trust a legal estate ; and the general rule is, that if there be a repugnancy, the first words in a deed, and the last words in a will, shall prevail...
Page 278 - As to the general property in the abstract, it is hard to say who may have it ; while the contract is open, it is neither in the vendor nor in the vendee absolutely ; but, if the sale goes on, it is the property of the vendee ; if the sale is broken off, it is the property of the vendor. In the mean time the vendee has a temporary property, and a right to keep it, even if the title be rejected, until the dispute be finally settled, for his own justification, in order to show on what ground he did...