A Practical Treatise of the Law of Vendors and Purchasers of Chattels Personal ... |
From inside the book
Results 1-5 of 99
Page 19
... plaintiff in such case to prove , that he had inquired of the parent if the articles ordered by the infant were really wanted ( g ) , whether the action be brought against the infant himself , or against his parent or other legal ...
... plaintiff in such case to prove , that he had inquired of the parent if the articles ordered by the infant were really wanted ( g ) , whether the action be brought against the infant himself , or against his parent or other legal ...
Page 21
... plaintiff cannot enter a nolle prosequi as to him , and proceed against the others , but he must discontinue and commence de novo against the adult defendants ( r ) . If the infant partner does not disaffirm the partnership on attaining ...
... plaintiff cannot enter a nolle prosequi as to him , and proceed against the others , but he must discontinue and commence de novo against the adult defendants ( r ) . If the infant partner does not disaffirm the partnership on attaining ...
Page 22
... plaintiff ; mere acknowledgement , whether implied or expressed , is insufficient ( x ) . The subsequent promise must be made voluntarily , not under fear of an arrest and in ignorance that infancy is a discharge of liablity ( y ) ; and ...
... plaintiff ; mere acknowledgement , whether implied or expressed , is insufficient ( x ) . The subsequent promise must be made voluntarily , not under fear of an arrest and in ignorance that infancy is a discharge of liablity ( y ) ; and ...
Page 23
... plaintiff must prove ability to pay , at the time that the action is brought ( c ) . must be in The promise must now be in writing and signed . Promise By Lord Tenterden's Act ( d ) , it is provided that writing . " No action shall be ...
... plaintiff must prove ability to pay , at the time that the action is brought ( c ) . must be in The promise must now be in writing and signed . Promise By Lord Tenterden's Act ( d ) , it is provided that writing . " No action shall be ...
Page 42
... plaintiff has been guilty of fraud or imposition . In an action for goods sold and delivered , where the plaintiff was proved to have had knowledge of the vendee's insanity , and to have taken advantage of it , he was nonsuited ( c ) ...
... plaintiff has been guilty of fraud or imposition . In an action for goods sold and delivered , where the plaintiff was proved to have had knowledge of the vendee's insanity , and to have taken advantage of it , he was nonsuited ( c ) ...
Other editions - View all
A Practical Treatise of the Law of Vendors and Purchasers of Chattels Personal Thomas Charles Morton No preview available - 2019 |
A Practical Treatise of the Law of Vendors and Purchasers of Chattels Personal Thomas Charles Morton No preview available - 2016 |
Common terms and phrases
15 East acceptance action afterwards agent agreement assent assignees assumpsit bailee bankrupt bargain Bayley bill of lading Bingh breach Busk buyer Campb carrier Chap chaser chattel Chit cited consignee consignor contract of sale Court Cowp damages debt declared defendant delivered delivery entitled express express warranty factor fide fraudulent given Groning guaranty held Holt horse husband indorsement insolvency Jones latter liable lien Lloyd Lord Ellenborough Lord Mansfield Lord Tenterden maintain Malk market overt Mees ment Merc Moore notice owner partner payment Payne person plaintiff plea pleaded pledge possession principal proof proved purchaser Raym recover rescind rule Salk sell seller Selw Smith sold Stark Statute of Frauds sufficient Supra Taunt third party tion trade transfer transitu trover Tyrwh unless vendee vendor vested void warranty wharfinger wife
Popular passages
Page 46 - June no contract for the sale of any goods, wares or merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 19 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age...
Page 373 - That no action shall be brought .... whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person .... 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 280 - ... at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which...
Page 435 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.
Page 81 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Page 377 - ... except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 435 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered in the like good order and well...
Page 281 - In every species of actions on contract, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of Law, on the ground of fraud or otherwise, shall be specially pleaded...
Page 277 - A factor is a person to whom goods are consigned for sale by a merchant residing abroad, or at a distance from the place of sale, and he usually sells in his own name, without disclosing that of his principal. The latter, therefore, with full knowledge of these circumstances, trusts him with the actual possession of the goods, and gives him authority to sell in his own name.