Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Names of the Cases and the Principal Matters, Volume 2C. Hunter, 1818 - Law reports, digests, etc |
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Page 7
... fendant having received a sum of money from the plaintiff ' and paid it over to a third person , before the commence- ment of this action , such payment deprived the plaintiff of his right to recover it back . He insisted that a pay ...
... fendant having received a sum of money from the plaintiff ' and paid it over to a third person , before the commence- ment of this action , such payment deprived the plaintiff of his right to recover it back . He insisted that a pay ...
Page 12
... fendant to negative the contract ( a ) , nor would he be a competent witness for the plaintiff ; for if the latter suc- ceeded he would be entitled to a contribution from the co- defendant , and if the plaintiff failed , he himself ...
... fendant to negative the contract ( a ) , nor would he be a competent witness for the plaintiff ; for if the latter suc- ceeded he would be entitled to a contribution from the co- defendant , and if the plaintiff failed , he himself ...
Page 31
... fendant pleads the award , the arbitrators may be called on at the trial to prove the precise time when it was ( a ) 7 East , 608 . 1818 . LOWES KERMODE . 1818 . LOWES V. KERMODE . made , and whether IN THE FIFTY - EIGHTH YEAR OF GEO ...
... fendant pleads the award , the arbitrators may be called on at the trial to prove the precise time when it was ( a ) 7 East , 608 . 1818 . LOWES KERMODE . 1818 . LOWES V. KERMODE . made , and whether IN THE FIFTY - EIGHTH YEAR OF GEO ...
Page 33
... fendant to the custody of the warden of the Fleet , on an affidavit which stated that he had been committed to mit a defendant Ilchester gaol , on an extent issued against him at the to the custody suit of the crown , for certain excise ...
... fendant to the custody of the warden of the Fleet , on an affidavit which stated that he had been committed to mit a defendant Ilchester gaol , on an extent issued against him at the to the custody suit of the crown , for certain excise ...
Page 34
... fendant , for the purpose of his procuring an adjustment ; there was an open account between the defendant , and B. & Co. , and in 1813 , they were in- debted to him in 21,000l . in such open account , including the premiums in question ...
... fendant , for the purpose of his procuring an adjustment ; there was an open account between the defendant , and B. & Co. , and in 1813 , they were in- debted to him in 21,000l . in such open account , including the premiums in question ...
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Common terms and phrases
action affidavit afterwards agreement amount appear applied arbitrator assignees assumpsit averred award bail bankrupt bankruptcy bar iron bill of exchange bills of lading breach broker brought cargo charter-party claim cold short commission Commissioners consent considered contract Copley count Court covenant damages debt declaration deed defendant defendant's delivered discharged distrained DUKE of NEWCASTLE entered entitled to recover evidence executed executors fendant freight freighter granted held Huthwaite indenture interest iron issue judgment Jury Justice Dallas lease liable lien locus in quo Lord Chief Justice Lord Ellenborough ment Molling nonsuit obtained a rule opinion owner paid parties patent payable payment person plaintiff plea pleaded possession premises proved puddling furnace question received remainder rent REPLEVIN rule nisi Serjt shewed cause ship slags Spitta statute Stokeham surety tenant Term Rep testator therein thereof tiff tion tolls trespass trial verdict witness writ
Popular passages
Page 289 - Easter term, when a verdict was found for the plaintiffs, subject to the opinion of the court, on a case...
Page 473 - In trover for certain goods, being household furniture, a verdict was found for the plaintiff, subject to the opinion of this Court on the following case.
Page 544 - Geo. 2. c. 30. s. 28. (an act to prevent the connniting of frauds by bankrupts), " that where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...
Page 589 - ... hath not at any time heretofore made, done, committed, executed, or wilfully or knowingly suffered any act, deed, matter or thing whatsoever, whereby or by means whereof the said...
Page 512 - ... be in seniority of age and priority of birth, and of the several and respective heirs male of the body and bodies of all and every such son and sons...
Page 322 - ... or to be sued in respect of any subsequent non-observance or non-performance of the conditions, covenants, or agreements therein contained...
Page 283 - In this country, however, it has been held, that the master may detain any part of the merchandise for the freight of all that is consigned to the same person (rt), which seems to be a more reasonable and convenient rule.
Page 599 - ... if he shall have paid the debt, or any part thereof in discharge of the whole debt (although he may have paid the same after the commission issued), if the creditor shall have proved his debt under the commission...
Page 398 - ... still entitle himself to the whole freight, by forwarding the goods by some other means to the place of destination ; but he has no right to any freight if they be not so forwarded ; unless the forwarding them be dispensed with, or unless there be some new bargain upon this subject. If the ship-owner will not forward them, the freighter is entitled to them without paying anything.
Page 215 - Mitchell, his executors, administrators, and assigns, until the said sum of 2000Z., together with interest for the same," at the rate of £5 per cent, per annum was satisfied.