Reports of Cases Argued and Ruled at Nisi Prius, in the Court of Common Pleas: From the Sittings After Michaelmas Term, 59 Geo. III. 1818, to the Adjourned Sittings Before Easter Term, 1 Geo IV. 1820; and on the Oxford Circuit, from the Lent Assizes 1818 to the Summer Assizes 1820, Each Inclusive. To which are Added Tables of the Names of the Cases Reported and Cited, and Copious Notes on the Most Important Branches of Commercial Law, Viz. Insurance, Shipping, Bankruptcy, Bills of Exchange, &c. &c |
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Page 44
... agent for both partners , in- sured the ship and freight , and charged them with the pre- miums , & c . and , on a loss happening , received the money from the underwriters , it was holden by the Court of King's Bench , on the ground ...
... agent for both partners , in- sured the ship and freight , and charged them with the pre- miums , & c . and , on a loss happening , received the money from the underwriters , it was holden by the Court of King's Bench , on the ground ...
Page 45
... agent , charter- ed a ship to A. and engaged bythe charter- party that she was sea- worthy , a let- ter written by that agent to a previously to third person , the charter- party being effected ten- for hire , le in evidence , since ...
... agent , charter- ed a ship to A. and engaged bythe charter- party that she was sea- worthy , a let- ter written by that agent to a previously to third person , the charter- party being effected ten- for hire , le in evidence , since ...
Page 46
... agent , where it accompanies the making of the contract , is binding upon the principal ; yet antecedent or subsequent declara- tions of the agent , not being part of the contract , are not evidence against him . Vaughan , Onslow , and ...
... agent , where it accompanies the making of the contract , is binding upon the principal ; yet antecedent or subsequent declara- tions of the agent , not being part of the contract , are not evidence against him . Vaughan , Onslow , and ...
Page 47
... agent of the de- fendant ; at the utmost , he was only his agent in this particular transaction . What the agent says or does , in the immediate transaction in which he is employed , is receivable in evidence against the principal , as ...
... agent of the de- fendant ; at the utmost , he was only his agent in this particular transaction . What the agent says or does , in the immediate transaction in which he is employed , is receivable in evidence against the principal , as ...
Page 48
... agent on the behalf of his principal , and in that single case they become admissible . The declarations of an agent at a different time have been decided not to be evidence ; indeed , the cases on the subject draw the distinction ...
... agent on the behalf of his principal , and in that single case they become admissible . The declarations of an agent at a different time have been decided not to be evidence ; indeed , the cases on the subject draw the distinction ...
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Common terms and phrases
act of parliament action admissible agent appeared in evidence applied assignment bankrupt bill of exchange breach Burmester Campb Campbell Caumont charge charter-party cheque claim commission committed common gaols contended contrà contract Copley Court of Equity Court of King's creditor crown DALLAS debt declaration deed defendant delivered delivery drawer EASTSTAFF entitled execution felony fendant feoffment Folkestone found a verdict fraud HOLROYD indictment indorsed instrument James Holland Jervis jury Justice king King's Bench lease Lens lessor liable libel Lord Lord Coke magistrate ment nonsuited notice owner paid party payable payment peace penitentiary houses PERKS person plaintiff plea possession prerogative prisoners proved provisions question receipt received recover rent revocation rule safe and close secretary seisin Serjt sheriff shew shewn ship SSUMPSIT statute SUSE Taunt tenant tender testator tiff tion Vaughan voir dire W. E. Taunton warrant witness writ
Popular passages
Page 108 - no action shall be brought, whereby to charge any person upon any agreement made 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 - ... no devise in writing of lands, tenements or hereditaments, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Page 95 - ... proving such warrant at the trial of such action, the jury shall give their verdict for the defendant or defendants, notwithstanding any defect of jurisdiction in such justice or justices...
Page 69 - ... until the expiration of one month or more after such attorney or solicitor respectively shall have delivered unto the party or parties to be charged therewith, or left for him, her, or them, at his, her, or their dwelling-house or last place of abode, a bill of such fees, charges, and disbursements, written in a (a) Since reported 6 QB 265.
Page 233 - ... on such bill, against the acceptor, must aver presentment at that place, and the averment must be proved. But...
Page 186 - ... and consent; but all devises and bequests of lands and tenements shall remain and continue in force until the same be burnt, cancelled, torn or obliterated, by the testator, or...
Page 108 - If there be an oral promise to pay the debt of another, and also to do some other thing, this last can be enforced at law, if this other thing, and so much of the promise as relates to it, can be severed from the debt of the other and the promise relating to that debt ; for although that promise must be in writing, the other may be oral.
Page 30 - ... the bailor must impute to his own folly the confidence which he reposed in so improvident and thoughtless a person.
Page 36 - ... but yet the donor continuing in possession is not in all cases a mark of fraud ; as where a donee lends his donor money to buy goods, and at the same time takes a bill of sale of them for securing the money.
Page 63 - The verdict was found for the plaintiff, but liberty was reserved to the defendants to move to enter a nonsuit (a) Vaughan, Copley, Serjts., and F.