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 17
... statutes 13 Eliz . c . 7. and I Jac . profits , after 1. c . 15. The bankrupt in this case was a person cost price , & c . deducting the of the name of Rankin , and a notice had been are to be given by the plaintiff under Sir Samuel ...
... statutes 13 Eliz . c . 7. and I Jac . profits , after 1. c . 15. The bankrupt in this case was a person cost price , & c . deducting the of the name of Rankin , and a notice had been are to be given by the plaintiff under Sir Samuel ...
Page 24
... statute 49 Geo . 3 . c . 121. s . 10. makes the proceedings under the commission evidence in those cases only where the plaintiff or defendant sues , or is sued , as assignee , and that fact appears upon the record . But in this case it ...
... statute 49 Geo . 3 . c . 121. s . 10. makes the proceedings under the commission evidence in those cases only where the plaintiff or defendant sues , or is sued , as assignee , and that fact appears upon the record . But in this case it ...
Page 71
... statute has always received a strict and literal con- struction . In the case of Hill v . Humphreys , 2 Bos . and Pull . 343. , it was held that the delivery of an attorney's bill at the counting house of the defend- ant was not ...
... statute has always received a strict and literal con- struction . In the case of Hill v . Humphreys , 2 Bos . and Pull . 343. , it was held that the delivery of an attorney's bill at the counting house of the defend- ant was not ...
Page 72
... statute . Neither is the requi- sition of the statute complied with by a mere deli- very of the bill to the defendant , unless it also be CUNNING left with him . Brooks v . Mason , 1 H. Bl . 290 . Crowder v . Shee , I Campb . 437. Here ...
... statute . Neither is the requi- sition of the statute complied with by a mere deli- very of the bill to the defendant , unless it also be CUNNING left with him . Brooks v . Mason , 1 H. Bl . 290 . Crowder v . Shee , I Campb . 437. Here ...
Page 73
... statute are to be strictly and literally con- strued . Giving , however , its full weight to that argument , it is nevertheless necessary that a rea- sonable construction should be applied . The case of Hill v . Humphreys proceeded ...
... statute are to be strictly and literally con- strued . Giving , however , its full weight to that argument , it is nevertheless necessary that a rea- sonable construction should be applied . The case of Hill v . Humphreys proceeded ...
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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.