Select Essays in Anglo-American Legal History, Volume 3Little, Brown, 1909 - Common law |
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ancient assumpsit authority bailee bill of exchange borough Bracton century Chancery charter chattels claim Coke common law Company contract corporation courts covenant creditor custom of merchants damages death debtor deceased declaration defendant detinue disseisin disseisor doctrine early Edward ejectment England English law equity Essay executor fact gage grant hand heir held Hist indorsed inland bills intestate judges judgment jurisdiction Justice king King's land law merchant Lex Mercatoria liable Lord Mansfield marriage master ment modern nature original owner ownership party patent person plaintiff Pollock and Maitland possession practice principle promise promissory notes quod real actions recover regard reign remedy Roman law rule says seems seisin semble servant staple statute statute of Anne tenant testamentary testator thing tion tort trade transfer trespass trover trust wife words writ
Popular passages
Page 542 - Now if these men do not die well, it will be a black matter for the king that led them to it. . . ." King Henry (in disguise) : " So, if a son that is by his father sent about merchandise do sinfully miscarry upon the sea, the imputation of his wickedness, by your rule, should he imposed upon
Page 116 - shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street." We know also that the earliest policies issued in London of which we have any certain knowledge were written in Italian with English translations attached.
Page 259 - and New York, and in 1786 by Delaware. This is still in existence under the form of a national banking association. Another was " The Corporation for the Relief of the Widows and Children of Clergymen in the Communion of the Church of England in America," which received charters from New York, New Jersey, and Pennsylvania (1785). Each authorized the
Page 701 - double vouchers, his recoveries: is this the fine of his fines, and the recovery of his recoveries, to have his fine pate full of fine dirt? will his vouchers vouch him no more of his
Page 308 - hereditaments held or occupied by the defendant in an action on the case for the use and occupation of what was so held and enjoyed; and if, in evidence on the trial of such action, any parol demise or agreement, not being by deed, whereon a certain rent was reserved, shall appear, the plaintiff
Page 85 - on such a day, at London aforesaid, to wit, in the parish of St. Mary le Bow, in the ward of Cheap, according to the usage and custom of merchants, made a certain bill or note in writing, subscribed with his name, bearing date, &c., and by the said bill or note, promised to pay,
Page 46 - he was desirous to have a case made of it, in order to settle the point more deliberately, solemnly and notoriously; as it was of so extensive a nature; and especially, as the maritime law is not the law of a particular country, but the general law of nations:
Page 463 - it is commanded that none be so hardy as to tell or publish any false news or tales whereby discord or occasion of discord or slander may grow between the king and his people or the great men of the realm;
Page 544 - So, in this case, if the defendant's servant kindled the fire in the way of husbandry, and proper for his employment, though he had no express command of his master, yet the master shall be liable . . . ; for it shall be intended that the servant had authority from his master, it being for his master's benefit.
Page 13 - Thus the matter stood till within these thirty years. Since that time the Commercial Law of this country has taken a very different turn from what it did before. Lord Hardwicke himself was proceeding with great caution, not establishing any general principle, but decreeing on all the circumstances put together. Before that period we find