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acceptance according act of bankruptcy action afterwards agreed agreement allowed amount appear assignees assumpsit attorney authority averred bank bankrupt bill of exchange Bingh bond breach brought Campb cause charge commission common condition consideration considered contract costs court covenant creditor damages debt deed defendant delivered demand discharge drawer East effect entered entitled evidence execution executor express give given ground hands holden husband indorser interest issue Jones judge judgment Kenyon land lease lessee liable London Lord maintain marriage matter months necessary notice observing officer opinion paid party payable payment performance person plaintiff plea pleaded possession present promise proved question reasonable received recover refused rent respect rule separate Smith sold stat statute sued sufficient taken tender term trade unless verdict wife
Page 172 - ... 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...
Page 479 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 140 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 573 - ... and other payments, according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be) including the day of the death of such person, or of the determination of his or her interest...
Page 173 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 491 - Variance shall appear between any Matter in Writing or in Print produced in Evidence and the Recital or setting forth thereof upon the Record...
Page 266 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Page 139 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 375 - ... of any description, trinkets, bills, notes of the governor and company of the Banks of England, Scotland, and Ireland respectively, or of any other bank...