A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the Usual Defences to Actions Thereon |
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Page xi
... Payment presumed , · 732 737 741 744 747 748 • 4. Of the Appropriation of a Payment where there are distinct Accounts . . 752 5. Of a Receipt for the Money paid 3. Accord and Satisfaction • 758 . 760 4. That a Bill of Exchange or other ...
... Payment presumed , · 732 737 741 744 747 748 • 4. Of the Appropriation of a Payment where there are distinct Accounts . . 752 5. Of a Receipt for the Money paid 3. Accord and Satisfaction • 758 . 760 4. That a Bill of Exchange or other ...
Page 7
... payment of his simple contract debts , after his creditors by specialty have been paid in full ( d ) . But a specialty affects the realty of the covenantor or obligor even at law ; and upon the death of such party , his heir , ( if the ...
... payment of his simple contract debts , after his creditors by specialty have been paid in full ( d ) . But a specialty affects the realty of the covenantor or obligor even at law ; and upon the death of such party , his heir , ( if the ...
Page 33
... payment , and conditioned to indemnify him against the bill , shows a good consideration for a promise by the defend- ant to pay the contents of the bill ; for it is a disadvantage to the plaintiff , if it were of no advantage to the ...
... payment , and conditioned to indemnify him against the bill , shows a good consideration for a promise by the defend- ant to pay the contents of the bill ; for it is a disadvantage to the plaintiff , if it were of no advantage to the ...
Page 52
... payment varying from that agreed upon , in respect of its being effected in a manner , or at a time , more beneficial to the creditor ; or unless an uncertain claim be reduced to a certainty ; or unless the creditor's engagement to take ...
... payment varying from that agreed upon , in respect of its being effected in a manner , or at a time , more beneficial to the creditor ; or unless an uncertain claim be reduced to a certainty ; or unless the creditor's engagement to take ...
Page 76
... payment upon Easter- day , if A. do not pay the same day , A. has all the day for pay- ment , and therefore it shall be intended of a payment afterwards . upon request . To pay 1007. if he marries and has a son within a year then next ...
... payment upon Easter- day , if A. do not pay the same day , A. has all the day for pay- ment , and therefore it shall be intended of a payment afterwards . upon request . To pay 1007. if he marries and has a son within a year then next ...
Contents
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Other editions - View all
Common terms and phrases
action afterwards agent agreed agreement amount ante appeared assent assignees assumpsit authority bankrupt bankruptcy Baron and Feme bill bill of exchange bind Bing bound Camp Chit Chitty chose in action consideration contract court covenant coverture creditor debt debtor deed defendant defendant's delivered demise discharge East entitled equity evidence executor express feme feme covert feme sole firm held husband indorsed infant insolvent instrument jury land landlord latter lease liable Lord Ellenborough Lord Tenterden marriage ment Moore necessary notice to quit paid parish parol partner partnership party payment plaintiff possession principal prisoner proved purchase received recover rent Scott seems Selw servant Smith sold stamp Stark statute of frauds sued sufficient Taunt tenant thereof third person tion vendee vendor void warranty wife writing
Popular passages
Page 300 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 657 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 507 - 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 299 - Lord one thousand six hundred seventy and seven, all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 83 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 155 - 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 of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Page 656 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 788 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 790 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Page 805 - ... all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty...