Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber: From Hilary Term, 6 Will. IV. to [Easter Term, 10 Vict.] Both Inclusive. With Tables of the Cases and Principal Matters. [1836-1847], Volume 11T. & J. W. Johnson, 1844 - Law reports, digests, etc |
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Page 2
... taken by the rejoinder is in the present tense , that the deed is the deed of the plaintiffs , and must be taken to have reference to the time , not of the plea pleaded , but of issue joined , and at that time the deed had no existence ...
... taken by the rejoinder is in the present tense , that the deed is the deed of the plaintiffs , and must be taken to have reference to the time , not of the plea pleaded , but of issue joined , and at that time the deed had no existence ...
Page 12
... taken place in the property since can have no effect in relieving the underwriters from their liabilities , as the plaintiff may sue on the policy for the benefit of the party to whom such property has passed . " [ Parke , B. - In that ...
... taken place in the property since can have no effect in relieving the underwriters from their liabilities , as the plaintiff may sue on the policy for the benefit of the party to whom such property has passed . " [ Parke , B. - In that ...
Page 14
... taken in the replication is too narrow , as it takes no notice of the giving of credit to the bankrupts , whereas the giving of credit would of itself afford the defendants a good de- fence , and by this mode of replying they are shut ...
... taken in the replication is too narrow , as it takes no notice of the giving of credit to the bankrupts , whereas the giving of credit would of itself afford the defendants a good de- fence , and by this mode of replying they are shut ...
Page 27
... taken in full payment , satisfaction , and discharge of the said debts due from the said E. B. to them , the said several creditors , parties thereto of the second part , they , the said several persons , parties Exch . of Pleas ...
... taken in full payment , satisfaction , and discharge of the said debts due from the said E. B. to them , the said several creditors , parties thereto of the second part , they , the said several persons , parties Exch . of Pleas ...
Page 30
... taken up and paid , and discharged as aforesaid ; and the plaintiffs aver , that , at the time when the last - men- tioned note became due and payable according to the tenor and effect thereof , the same was dishonoured by the said ...
... taken up and paid , and discharged as aforesaid ; and the plaintiffs aver , that , at the time when the last - men- tioned note became due and payable according to the tenor and effect thereof , the same was dishonoured by the said ...
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Common terms and phrases
act of bankruptcy act of Parliament aforesaid agreement Alderson alleged amount appears apply assignees assumpsit attorney authority averment award bank bankrupt bankruptcy bill of exchange cause of action charge claim contract costs count Court covenant creditors custody damages debt declaration mentioned deed defendant's delivered demurrer discharged duty entered entitled Erch evidence Exch execution executors fact fendant fraud given ground held indorsed interest issue judgment jury land law of France learned Judge liable Lord Abinger manor ment mortgage non est factum notice objection opinion overseers paid parish Parke party payable payment person plaintiff Pleas possession proceedings promise promissory note question reasonable recover rent replevin respect ROLFE S. H. Armitage scire facias shareholders sheriff shew cause shewn stat statute Steuart sufficient therein thereof tiff tion traverse trial trustees verdict Vict void voir dire warrant writ
Popular passages
Page 685 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 300 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 505 - CD ; and if, within the space of days next after the making of such, distress, the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress shall not be paid, that then you do sell the said goods...
Page 661 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 297 - ... beginning the adventure upon the said goods and merchandises from the loading thereof aboard the said ship, upon the said ship, &c. and so shall continue and endure, during her abode there, upon the said ship, &c. And further, until the said ship, with all her ordnance, tackle, apparel, &c., and goods and...
Page 546 - Kelly had obtained a rule calling on the plaintiffs to shew cause why the Master should not review his taxation, on the ground that the...
Page 731 - ... or plaintiffs shall become nonsuited, or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff...
Page 103 - Martin afterwards obtained a rule calling on the plaintiff to shew cause why the...
Page 501 - Butt obtained a rule to shew cause why the verdict should not be set aside, and a new trial had on the ground of misdirection, or for arresting the judgment.
Page 558 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do...