Select Essays in Anglo-American Legal History, Volume 3Little, Brown,, 1909 - Law |
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Page 7
... appear not to have been litigious people in commercial mat- ters , each of which alternatives appears improbable . But it is a curious fact that one finds in the reports of that cen- tury , two hundred years ago , hardly any commercial ...
... appear not to have been litigious people in commercial mat- ters , each of which alternatives appears improbable . But it is a curious fact that one finds in the reports of that cen- tury , two hundred years ago , hardly any commercial ...
Page 10
... appears to have been a very good mercantile custom , still existing , to " wet a bargain , " and the drink was a matter to which great importance was attached by the merchants present ) ; " and on the Octave of Easter came and would ...
... appears to have been a very good mercantile custom , still existing , to " wet a bargain , " and the drink was a matter to which great importance was attached by the merchants present ) ; " and on the Octave of Easter came and would ...
Page 17
... appear in the law books earlier than the time of James I , seeing that they were probably well known in England at least three centuries previously . Owing to the fact that no mention of them occurs at an earlier date , it has been ...
... appear in the law books earlier than the time of James I , seeing that they were probably well known in England at least three centuries previously . Owing to the fact that no mention of them occurs at an earlier date , it has been ...
Page 19
... they enjoyed . At any rate , the English shipowners appear to have been at a disadvantage during the greater part of the reign of Edward III , and it was not until the Navigation Act of Richard II aimed 48. BRODHURST : THE STAPLE . 19.
... they enjoyed . At any rate , the English shipowners appear to have been at a disadvantage during the greater part of the reign of Edward III , and it was not until the Navigation Act of Richard II aimed 48. BRODHURST : THE STAPLE . 19.
Page 26
... appears to have been , in that instance , a general jurisdiction to deal with all mat- ters concerning the well - being of the mercantile community ; for we find that the mayor , in a full court of all the merchants , was to assign to ...
... appears to have been , in that instance , a general jurisdiction to deal with all mat- ters concerning the well - being of the mercantile community ; for we find that the mayor , in a full court of all the merchants , was to assign to ...
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assumpsit authority bailee bailment bill of exchange borough Bracton century Chancery charter chattel cited claim Coke common law Company consideration contract corporation courts creditor custom of merchants debt debtor declaration defendant detinue disseisin disseisor doctrine early Edward ejectment England English law equity Essay executor fact gage gild grant Harvard Law Review heir held Hist indorsed inland bills invention judges judgment jurisdiction Justice king King's land law merchant Lex Mercatoria liability London Lord Holt Lord Mansfield master mayor ment mercantile modern nature origin owner party patent person plaintiff Pollock and Maitland possession practice principle promise promissory notes quod real actions reason recover reign remedy Roman law rule says seems seisin semble servant staple statute statute of Anne tenant tion tort trade transfer trespass trover trust words writ
Popular passages
Page 408 - But with respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Page 110 - And it is agreed by us the insurers that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street or in the Royal Exchange or elsewhere in London.
Page 158 - The law charges this person, thus intrusted to carry goods, against all events but acts of God, and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable.
Page 253 - Charter of the Corporation for the Relief of the Widows and Children of Clergymen in the Communion of the Church of England, in America...
Page 73 - Virginia (PP 36) provides, that " assignments of bonds, bills and promissory notes, and other writings obligatory for payment of money or tobacco, shall be valid ; and an assignee of any such may thereupon maintain an action of debt, in his own name, but shall allow all just discounts, not only against himself, but against the assignor, before notice of the assignment was given to the defendant.
Page 203 - The only trades which it seems possible for a joint stock company to carry on successfully, without an exclusive privilege, are those of which all the operations are capable of being reduced to what is called a routine, or to such a uniformity of method as admits of little or no variation.
Page 14 - From that time we all know the great study has been to find some certain general principles, which shall be known to all mankind, not only to rule the particular case then under consideration, but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained, till we have been lost in admiration at the strength and stretch of the human understanding...
Page 818 - For, as he is to answer for her misbehaviour, the law thought it reasonable to intrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children; for whom the master or parent is also liable in some cases to answer. But this power of correction was confined within reasonable bounds, and the husband was prohibited from using any violence to his wife, aliter quam ad virum, ex causa regiminis et castigationis...
Page 464 - It is not material whether the libel be true, or whether the party against whom it is made, be of good or ill fame; for in a settled state of Government the party grieved ought to complain for every injury done him in an ordinary course of law, and not by any means to revenge himself, either by the odious course of libelling, or otherwise...
Page 269 - But the bargain and sale of a chattel, as being of a particular description, does imply a contract that the article sold is of that description ; for which the cases of Bridge v.