Reports of Cases Argued and Determined in the Court of King's Bench, Volume 4J. Butterworth, 1817 - Law reports, digests, etc |
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Page 35
... meaning of such a recognizance is that all such as shall be con- demned shall pay or render ; but not that all shall be condemned if it be impossible to condemn all . And though the breach is assigned generally that J. B. and G. K. have ...
... meaning of such a recognizance is that all such as shall be con- demned shall pay or render ; but not that all shall be condemned if it be impossible to condemn all . And though the breach is assigned generally that J. B. and G. K. have ...
Page 41
... meaning of the word freight , that cannot properly be termed freight which is due before the arrival of the goods ... meaning , preclude the party from getting at the true meaning of his contract . 1815 . DE SILVALE against KENDALL ...
... meaning of the word freight , that cannot properly be termed freight which is due before the arrival of the goods ... meaning , preclude the party from getting at the true meaning of his contract . 1815 . DE SILVALE against KENDALL ...
Page 43
... meaning of the instrument now before us , and without looking to other cases which apply to different forms of covenanting from the present , that this money was received at Maranham as freight , and that it is dis- tinguished by the ...
... meaning of the instrument now before us , and without looking to other cases which apply to different forms of covenanting from the present , that this money was received at Maranham as freight , and that it is dis- tinguished by the ...
Page 80
... meaning of the policy ; 2dly , because such stranding , though occasioned by the negligence of the pilot , was nevertheless a peril for which the under- writer shall be answerable . 1st , He said , that to con- stitute a stranding , it ...
... meaning of the policy ; 2dly , because such stranding , though occasioned by the negligence of the pilot , was nevertheless a peril for which the under- writer shall be answerable . 1st , He said , that to con- stitute a stranding , it ...
Page 81
... meaning , saying that it was inserted to prevent disputes , and the underwriter thereby agreed to ascribe the loss to the stranding , as the most probable occasion , though the fact cannot always be ascertained . 2dly , Though this ...
... meaning , saying that it was inserted to prevent disputes , and the underwriter thereby agreed to ascribe the loss to the stranding , as the most probable occasion , though the fact cannot always be ascertained . 2dly , Though this ...
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Common terms and phrases
2dly act of parliament action aforesaid afterwards alleged annuity appears argued Arkengarthdale assigns assizes ASSUMPSIT authority barley bill BLANC borough charge charter charter-party cited command common law contrà copyholder Court covenant Curiam damage DAMPIER daughter debt declared defendant devise discharged entitled evidence executors expences fendant freight grant Gwill heirs held indenture indictment issue Joinder judgment jurisdiction jury justices KING lands lease lessor liable licence Lisbon London Lord Duncan Lord ELLENBOROUGH C. J. Mair mandamus manor master mayor ment non est factum nonsuit objection officer opinion owner paid parish parties pauper payment person pilot plain plaintiff Plea possession provisions quarter sessions question reason recover rent replevin respect rule nisi seised sessions sheriff shewed cause shewn ship and cargo stat statute stranding Sutton Wick tenant term testator tion tithe trial verdict voyage wife witnesses words writ
Popular passages
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 52 - Warwick, the sessions confirmed the order, subject to the opinion of this Court upon the following case. The order of removal was as follows : — County of Warwick, to wit.
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...
Page 149 - Cur. adv. vult. LORD ELLENBOROUGH, CJ, on this day delivered the judgment of the court. After stating the pleadings, His Lordship said : This demurrer was argued at our sittings before Hilary Term in Serjeants...