New Cases in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, Volume 2Saunders and Benning, 1836 - Law reports, digests, etc |
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Page 80
... Defendant and the Jopperts , was such as to carry interest to Jopperts upon balances remaining in the Defendant's hands . That may be so ; but this action is brought for a sum which the Defendants hold to the use of the Plaintiff , with ...
... Defendant and the Jopperts , was such as to carry interest to Jopperts upon balances remaining in the Defendant's hands . That may be so ; but this action is brought for a sum which the Defendants hold to the use of the Plaintiff , with ...
Page 81
... Defendant's clerk promised that Defendant should hold them for the owner . Held , that Defendant's having taken these goods from the waggoner , and having paid the waggoner's charges and shipped the goods , was not such a determination ...
... Defendant's clerk promised that Defendant should hold them for the owner . Held , that Defendant's having taken these goods from the waggoner , and having paid the waggoner's charges and shipped the goods , was not such a determination ...
Page 82
... Defendant's clerk , to whom he had previously applied , identified his own goods , and seeing the Plaintiff's goods in the same vessel , ordered the Defendant's clerk to stop them , al- though he ( Coates ) had no authority from the ...
... Defendant's clerk , to whom he had previously applied , identified his own goods , and seeing the Plaintiff's goods in the same vessel , ordered the Defendant's clerk to stop them , al- though he ( Coates ) had no authority from the ...
Page 83
... Defendant , first , that the transit was at an end by the Defendant's removing the goods on the 14th from Smith's waggon office , and that there- fore the stoppage on the 15th was too late ; and secondly , that the stoppage could not be ...
... Defendant , first , that the transit was at an end by the Defendant's removing the goods on the 14th from Smith's waggon office , and that there- fore the stoppage on the 15th was too late ; and secondly , that the stoppage could not be ...
Page 87
... Defendant's principal , has renounced his claim to forward the goods to their destination , what LE FEUVvre . right can the agent set up to retain them ? Assuming , however , that the Defendant could , in his capacity of shipping agent ...
... Defendant's principal , has renounced his claim to forward the goods to their destination , what LE FEUVvre . right can the agent set up to retain them ? Assuming , however , that the Defendant could , in his capacity of shipping agent ...
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Common terms and phrases
action affidavit aforesaid agreement alleged annuity appears appointed assignment assumpsit attorney bankrupt bill Bingh bond charge chattels claim Clarke collector commissioners contract costs Court courts of equity covenant creditors damages debt declaration mentioned deed Defendant Defendant's delivered discharged Doubtfire duty effect entitled evidence executors Fayal fendant Frances Brooke freehold GASELEE Gibraltar granted ground held indorsed intention interest Ireland issue judgment jury King's Head Inn land lease leasehold lessor libel lien Lord Lord Tenterden manor ment messuage nonsuit notice oats objection opinion paid party payable payment Pearce person Plaintiff plea pleaded possession premises purchaser question received recover rent replevin replication respect rule nisi Serjt sheriff shewed cause ship sold statute sufficient suit surety tenant term testator testator's thereof tiff TINDAL C. J. tion tithes trial trust Upper Horton verdict vessel words writ writ of right Youghall
Popular passages
Page 741 - ... any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; 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, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 789 - Excise, or under the laws of trade and navigation ; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores, which may belong to, or be on board of...
Page 256 - I hereby appoint sole executrix of this my last will and testament ; hereby revoking all former wills by me made.
Page 507 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the lime at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 508 - ... been an estate or interest in reversion or remainder, or other future estate or interest, and no person shall have obtained the possession or receipt of the profits of such land or the receipt of such rent in respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession...
Page 461 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.
Page 763 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading...
Page 593 - This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that is not clearly given them by the Act.
Page 679 - December, one thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due...
Page 740 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...