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 9S. Sweet, 1843 - Law reports, digests, etc |
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Page 7
... trial Messrs . S. & Co. ( the plaintiffs ) are to be liable to any breakage which may occur , if arising from defective ma- terials or workmanship ; but they are not to be responsible for nor liable to the repair of any breakage or ...
... trial Messrs . S. & Co. ( the plaintiffs ) are to be liable to any breakage which may occur , if arising from defective ma- terials or workmanship ; but they are not to be responsible for nor liable to the repair of any breakage or ...
Page 8
... trial before Wightman , J. , at the last Liverpool Assizes , it appeared that the plaintiffs , who were engine makers at Manchester , agreed with the defendants to make , at a certain price , ten locomotive engines and tenders , for the ...
... trial before Wightman , J. , at the last Liverpool Assizes , it appeared that the plaintiffs , who were engine makers at Manchester , agreed with the defendants to make , at a certain price , ten locomotive engines and tenders , for the ...
Page 9
... trial of the engines had released them from all further responsibility ; and upon the defendants refusing to pay the balance due to them , brought the present action . The plaintiffs ' case having closed , the defendants ' counsel ...
... trial of the engines had released them from all further responsibility ; and upon the defendants refusing to pay the balance due to them , brought the present action . The plaintiffs ' case having closed , the defendants ' counsel ...
Page 10
... trial should not be granted , on the ground of the improper rejection of the evidence , and of misdirection . - It is con- ceded that there is no fraud in this case , and that the cop- per originally was of the thickness required by the ...
... trial should not be granted , on the ground of the improper rejection of the evidence , and of misdirection . - It is con- ceded that there is no fraud in this case , and that the cop- per originally was of the thickness required by the ...
Page 11
... trial , the plaintiffs should be answerable . PARKE , B. - The true construction of this contract is , that the trial of a month was to be conclusive as to defec- tive materials and workmanship ; but that if the defend- ants could shew ...
... trial , the plaintiffs should be answerable . PARKE , B. - The true construction of this contract is , that the trial of a month was to be conclusive as to defec- tive materials and workmanship ; but that if the defend- ants could shew ...
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Common terms and phrases
act of Parliament action affidavit aforesaid agreement ALDERSON alleged amount appears apply appoint arbitrator assignment assumpsit attorney authority averred award bankrupt bill of exchange Broxtowe claim clause commissioners concurred contract coroner costs Court Court of Equity creditor Crown debt declaration deed defendant defendant's delivered demurrer drawer entered entitled Erch evidence Exch execution executors fendant grant ground held indorsed issue John Gibbs judgment jury justices lands learned Judge lease liable license Lord Abinger ment mentioned nonsuit notice objection obtained a rule opinion paid parish Parke partner party payment penalty person plaintiff Pleas Pontefract possession premises proceedings question recover refused rent retailer of beer ROLFE sheriff shew cause stat statute Statute of Frauds substitute for malt sufficient suit Tancred tenant tender term testator thereof tiff tion tithes trial verdict Vict witness words writ writ of summons
Popular passages
Page 122 - 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 time 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 534 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 120 - Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows ; (that is to say), the word
Page 121 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Page 10 - Court, for a rule to shew cause why a new trial should not be granted...
Page 58 - I think that where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true, which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been known to the payer that the fact was untrue, an action will lie to recover it back.
Page 783 - Take thou authority to execute the office of a Deacon in the Church of God committed unto thee; In the Name of the Father, and of the Son, and of the Holy Ghost. Amen.
Page 848 - Keb., 115, 132, which was an action by the indorsee against the drawer of a bill of exchange. 'The...
Page 631 - Is. 6c?., leave being reserved to the defendant to move to enter a verdict for him, if the Court should be of opinion that he was not liable for the costs under the circumstances.
Page 878 - Cowley,' at such a time, and under such circumstances, that the principal by the exercise of reasonable diligence, may communicate it to his servant in time to prevent the delivery to the consignee...