Reports of Cases Argued and Determined in the Courts of Common Pleas and Exchequer Chamber: With Tables of the Names of the Cases and the Principal Matters, Volume 1C. Hunter, 1818 - Law reports, digests, etc |
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Common terms and phrases
action admitted affidavit agents appeared applied arbitrator assigned assumpsit averred award bail bankrupt bankruptcy barratry bill of exchange bond brokers brought cargo charter-party Chief Justice Gibbs cited CLAYTON considered contended contract contract note costs count covenant damages Datchworth debt declaration deed defendant defendant's delivered delivery discharged entered entitled to recover evidence executor fendant freight granted ground hares held indorsed insisted issue judgment jurats jury King's Bench land Latchingdon lease liable licence London Lord Chief Justice Lord Ellenborough Maldon manor ment misjoinder molasses nonsuit notice obligor obtained a rule opinion owner paid parties payment person plaintiff plea pleaded port possession premises present principal proved purchase question received refused rule nisi Serjt sheriff shewed cause ship sold statute statute of Anne sufficient sureties term testator thereof tion trespass trial underwriters Vaughan verdict vessel warrant of attorney wife woodland
Popular passages
Page 329 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 3 - Vaughan now moved for a rule to shew cause, why the verdict should not be set aside, and a new trial granted.
Page 442 - Saving always to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, his, her...
Page 377 - ... all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof...
Page 227 - Where cases are new in their principle, there I admit that it is necessary to have recourse to legislative interposition in order to remedy the grievance : but where the case is only new in the instance, and the only question is upon the application of a principle recognized in the law to such new case, it will be just as competent to courts of justice to apply the principle to any case which may arise two centuries hence as it was two centuries ago...
Page 36 - That, if at any time hereafter, any person, or persons, shall become bankrupt, and at such time as they shall so become bankrupt, shall, by the consent and permission of the true owner and proprietary , have in their possession, order and disposition, any goods or chattels, whereof they shall be reputed owners, and take upon them the sale, alienation, or disposition, *as owners...
Page 294 - ... by warrant under the hand and seal of any Justice of the Peace...
Page 506 - Where two acts are to be done at the same time, as where A covenants to convey an estate to B on such a day, and in consideration thereof B covenants to pay A a sum of money on the same day, neither can maintain an action without showing performance of, or an offer to perform, his part, though it is not certain which of them is obliged to do the first act; and this particularly applies to all cases of sale.
Page 235 - ... it, so as to interfere with any public or private right, but within the limit of my own property adjoining a common, and not separated from it by any actual fence, I may dig a ditch, however wide; and man or beast sustaining harm, having no right to be there, no action will lie. Such was the case cited of the horse straying from the common, and falling into the pit, and in which it was determined that no action would lie, first, because the owner had a right to do what he pleased with his own...
Page 134 - At the time of drawing, accepting, and indorsing these bills of exchange, France and England were in an open state of war with each other, and Michelon was then an alien enemy, but before and at the time of bringing the present action peace was restored between the two countries. If the Court should be of opinion that the plaintiff was entitled to maintain this action, then the verdict was to stand. But if the Court should be of opinion that the plaintiff could not maintain this action, in that case...