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acceptance according action admitted afterwards allowed amount answer appears appointed argued assigns authority BAYLEY bill borough called cargo cause charge charter claim common considered contract Court covenant custom damages debt defendant delivered determined devise directed discharged effect entered entitled evidence executed fact freight give given granted ground heirs held indictment intention interest issue Judge judgment jurisdiction jury justices King lands lease liable London Lord ELLENBOROUGH C. J. loss master meaning ment never notice objection officer opinion owner paid parish particular party passed payment person plaintiff Plea possession present proved question reason received recover referred rent respect rule seems sessions shew ship stand stat statute sufficient suit taken term thing tion took trial verdict whole witnesses writ
Page 410 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general or regimental court-martial, according to the nature and degree of the offence, and be punished at their discretion.
Page 149 - ... foundation in a sacrifice of part for the sake of the rest, but here was no sacrifice of any part by the master, but only of his time and patience, and the damage incurred was by the violence of the wind and weather.
Page 57 - Here the covenant passes with the land to the devisee, and has been broken in the time of the devisee ; for so long as the defendant has not a good title, there is a continuing breach, and it is not like a covenant to do an act of solitary performance, which, not being done, the covenant is broken once for all, but is in the nature of a covenant to do a thing Mies quoties, as the exigency of the case may require.
Page 38 - Maranham, to be advanced by the plaintiff, his agents or assigns, to the defendant, when required, free from interest and commission, at the current exchange of the place, and the residue of such freight to be paid on the delivery of the cargo in Liverpool,, in good and approved bills on London not exceeding three months date.
Page 103 - Surely this goes one step farther; this is something substantially more injurious to this person, than to the public at large, who might only have it in contemplation to use it. And he has been impeded in his progress by the defendants wrongfully mooring their barge across, and has been compelled to unload and to carry his goods over land, by which he has incurred expense, and that expense caused by the act of the defendants. If a man's time or his money are of any value, it seems to me that this...
Page 261 - The only question is whether this is a conversion in the clerk, which undoubtedly was so in the master. The clerk acted under an unavoidable ignorance and for his master's benefit, when he sent the goods to his master: but, nevertheless, his acts may amount to a conversion ; for a person is guilty of...
Page 322 - Bradford ) to regard the substance and not the form; " we must, said he, judge of things as they really are, and not as they appear to be, and therefore we are to consider here whether this be not substantially one entire rent in respect of one entire subject, though artificially divided into several payments.
Page 497 - In this case, it was observed by one of the learned judges that " the distinction had been correctly taken, that, where the Us mota was on the very point, the declarations of persons would not be evidence ; because you cannot be sure, that in admitting the depositions of witnesses, selected and brought forward on a particular side of the question, who embark, to a certain degree, with the feelings and prejudices belonging to that particular side, you are drawing evidence from perfectly unpolluted...