A Practical Treatise of the Law of Vendors and Purchasers of Chattels Personal ... |
From inside the book
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Page 21
... pleaded , the plain- tiff should reply the infancy , which will be no de- parture ( p ) ; but if he reply that the ... pleads in- fancy , the plaintiff cannot enter a nolle prosequi as to him , and proceed against the others , but he ...
... pleaded , the plain- tiff should reply the infancy , which will be no de- parture ( p ) ; but if he reply that the ... pleads in- fancy , the plaintiff cannot enter a nolle prosequi as to him , and proceed against the others , but he ...
Page 22
... pleads infancy , the proof of such de- fence rests on the defendant , as it is a fact peculiarly within his knowledge ( u ) ; but it has always been held , that to charge a person on a must be ex- contract entered into during infancy ...
... pleads infancy , the proof of such de- fence rests on the defendant , as it is a fact peculiarly within his knowledge ( u ) ; but it has always been held , that to charge a person on a must be ex- contract entered into during infancy ...
Page 25
... pleading coverture , though she may have re- presented herself as a feme sole ( d ) . But as the husband is bound in law to provide his wife and family with necessaries , he will be liable for the debts which his wife may contract in ...
... pleading coverture , though she may have re- presented herself as a feme sole ( d ) . But as the husband is bound in law to provide his wife and family with necessaries , he will be liable for the debts which his wife may contract in ...
Page 46
... pleaded in perpetual bar , being only temporary and liable to be removed on the cessation of hosti- lities ( e ) . 1. Who is held to lie under the disability ( f ) . A plaintiff may be incompetent to sue on the ground of being an alien ...
... pleaded in perpetual bar , being only temporary and liable to be removed on the cessation of hosti- lities ( e ) . 1. Who is held to lie under the disability ( f ) . A plaintiff may be incompetent to sue on the ground of being an alien ...
Page 48
... pleads such protection in the latter case , he must prove that the king has sanctioned his stay after the commencement of hostilities ( s ) , and not merely that his residence has been acquiesced in without molestation ( † ) . An alien ...
... pleads such protection in the latter case , he must prove that the king has sanctioned his stay after the commencement of hostilities ( s ) , and not merely that his residence has been acquiesced in without molestation ( † ) . An alien ...
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.