A Treatise on Pleading, and Parties to Actions: With Second and Third Volumes, Containing Precedents of Pleadings, and an Appendix of Forms Adapted to the Recent Pleading and Other Rules, with Practical Notes, Volume 1G. & G. Merriam, 1859 - Forms (Law) |
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Page 8
... recover back a deposit paid on the sale of an estate ( q ) . Where a person assumes , on the face of the contract , the character not of a principal , but of an agent to another named person , he cannot retract that assumed capacity ...
... recover back a deposit paid on the sale of an estate ( q ) . Where a person assumes , on the face of the contract , the character not of a principal , but of an agent to another named person , he cannot retract that assumed capacity ...
Page 8
... recovering the debt directly from him , the factor's right to sue is gone . Sadler v . Leigh and another , 4 Campb . 195. An action to recover back a wager in the event of a horse race ( under the acts of the State of New York to ...
... recovering the debt directly from him , the factor's right to sue is gone . Sadler v . Leigh and another , 4 Campb . 195. An action to recover back a wager in the event of a horse race ( under the acts of the State of New York to ...
Page 8
... recover the amount ( a ) . And where a broker was employed to sell a ship belonging to three part - owners , two of whom communicated with him on the subject , and to them he paid their shares of the proceeds of the sale , but , after ...
... recover the amount ( a ) . And where a broker was employed to sell a ship belonging to three part - owners , two of whom communicated with him on the subject , and to them he paid their shares of the proceeds of the sale , but , after ...
Page 12
... recover from a client the amount of a bill for business done ( ƒ ) . But in these instances the plaintiff must adduce clear evidence , disproving that his ostensible partner , though a minor , had any interest whatever in the business ...
... recover from a client the amount of a bill for business done ( ƒ ) . But in these instances the plaintiff must adduce clear evidence , disproving that his ostensible partner , though a minor , had any interest whatever in the business ...
Page 13
... recover it ( m ) ( 1 ) . If the rent be reserved to them separately in dis- I. tinct parts , they must sue separately ; for in such case , as well their estates When or interests , as the terms of the contract , are distinct and ...
... recover it ( m ) ( 1 ) . If the rent be reserved to them separately in dis- I. tinct parts , they must sue separately ; for in such case , as well their estates When or interests , as the terms of the contract , are distinct and ...
Other editions - View all
A Treatise on Pleading, and Parties to Actions: With Second and Third ... Joseph Chitty,Henry Greening,John A. Dunlap No preview available - 2017 |
A Treatise on Pleading, and Parties to Actions: With Second and Third ... Joseph Chitty,Henry Greening,John a Dunlap No preview available - 2018 |
Common terms and phrases
11 East 12 Johns 5thly action of trespass alleged ante assignee assumpsit averment bankrupt bill Bing Blackf breach Campb cause of action chattel Chit committed common counts common law Conn contract count Court covenant coverture Cowen Cowp damages declaration deed defendant defendant's demurrer detinue ejectment Eliz ex delicto executor Feme form of action Greenl Hamp held husband injury joinder joined joint jointly judgment land lease lessee lessor liable maintain Marsh Mass matter mesne profits Moore owner partners party Pick plaintiff plea Pleader pleading possession promise promissory note Rawle Raym recover remedy rent replevin rule Salk Saund Serg sheriff Smith statute Stra sued sufficient sumpsit supported sustainable Taunt tenant in common testator Tidd tion tort trespass trover verdict Vermont Vide Wend Wendell wife Wils writ
Popular passages
Page 344 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, 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 certain be payable by virtue of some written instrument at a certain time...
Page 555 - ... due on either side on the balance of such account and no more, shall be claimed or paid on either side respectively...
Page 90 - By that statute it was provided that ' whensoever from henceforth it shall fortune in the Chancery that in one case a writ is found, and in like case falling under like law and requiring like remedy is found none, the clerks of the Chancery shall agree in making the writ...
Page 66 - ... in his lifetime to another, in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person's death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate and effects of such person...
Page 552 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 535 - ... ought not to have or maintain his aforesaid action against the defendant...
Page 256 - Middlesex, or any other county." From these observations it appears that the points as to venues may be considered practically, with reference, 1st. To where, or in what county, the venue is to be laid ; 2dly, How, and in what parts of the declaration, it is to be stated : and Bdly, The consequences of mistake and when they are aided.
Page 438 - That, in all actions upon bills of exchange or promissory notes, or other written instruments, any of the parties to which are designated by the initial letter or letters...
Page 130 - But •where from a given state of facts the law raises a legal obligation to do a particular act, and there is a breach of that obligation, and a consequential damage...
Page 518 - ... an act for the relief of debtors, with respect to the imprisonment of their persons.