An Abridgment of the Law of Nisi Prius ... |
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Page ciii
... paid 117. 58. into court , on the whole declaration , and pleaded nunquam indeb . ultra . It was holden to be no admission of the defendant's liability in respect of fixtures , to a greater amount than had been paid into court . Goff v ...
... paid 117. 58. into court , on the whole declaration , and pleaded nunquam indeb . ultra . It was holden to be no admission of the defendant's liability in respect of fixtures , to a greater amount than had been paid into court . Goff v ...
Page civ
... paid them , to repay plaintiff : the defendant afterwards became bankrupt , and obtained his cer- tificate ; a premium accruing due after the bankruptcy , and being unpaid by defendant , and plaintiff having paid it , and not been ...
... paid them , to repay plaintiff : the defendant afterwards became bankrupt , and obtained his cer- tificate ; a premium accruing due after the bankruptcy , and being unpaid by defendant , and plaintiff having paid it , and not been ...
Page 63
... paid against the debtor ; for he cannot raise a cause of action by the payment of money for another , on account of his own breach of duty ( 20 ) . Of Fraudulent Agreements . - 3rdly . The agreement must be fair and honest , and not ...
... paid against the debtor ; for he cannot raise a cause of action by the payment of money for another , on account of his own breach of duty ( 20 ) . Of Fraudulent Agreements . - 3rdly . The agreement must be fair and honest , and not ...
Page 76
... paid . Of the Indebitatus Assumpsit for Money Paid . - Where a person has laid out his own money for the use of another , either with the express or implied consent of such other person , the law implies a promise of repayment , for a ...
... paid . Of the Indebitatus Assumpsit for Money Paid . - Where a person has laid out his own money for the use of another , either with the express or implied consent of such other person , the law implies a promise of repayment , for a ...
Page 77
... paid the money , A. would repay it . An action for money paid cannot be maintained unless there be a request to pay it , either express or implied . Hence , where the defendant contracted to transfer stock on a certain day to the ...
... paid the money , A. would repay it . An action for money paid cannot be maintained unless there be a request to pay it , either express or implied . Hence , where the defendant contracted to transfer stock on a certain day to the ...
Contents
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Common terms and phrases
accepted acceptor act of bankruptcy action brought action for money aforesaid afterwards agreement amount assault assignees assumpsit attorney or solicitor averred bank bankrupt bill of exchange Bingh Campb cause of action certificate commission common company or body consideration contract court court of equity covenant coverture creditor damages debt debtor declaration deed defendant's delivered demand demurrer discharge drawer East entitled evidence execution executor feme covert fiat fraudulent given holden husband indebitatus assumpsit indorser infant insolvent issue Jones judgment jury liable Lord Ellenborough Lord Kenyon Lord Mansfield marriage ment necessary notice party payable payment person petitioning plaintiff plea possession promise to pay promissory note proved Raym received recover Reports rule ruptcy Scott Scott's N. R. sect Smith sold stat statute sued sufficient Taunt tender thereof tion trader trespass trover verdict Vict void wife
Popular passages
Page 179 - ... 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 186 - ... 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 be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be...
Page 232 - That if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner...
Page 180 - ... 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 118 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Page 147 - 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 627 - ... 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 179 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 288 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Page 147 - 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...