Reports of Cases Argued and Determined in the English Courts of Common Law, [1845-1856]: Heretofore Condensed by Thomas Sergeant and Thomas M'Kean Pettit, Now Reprinted in Full, Volume 11T. & J.W. Johnson, 1854 - Law reports, digests, etc |
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Page 55
... liable , and would become due by the said R. Mead & Son on the delivery of the cargo at its destination : And whereas , owing to the accident aforesaid , the said George Hooper requested the 56 STAINBANK v . FENNING . T. T. 1851 .
... liable , and would become due by the said R. Mead & Son on the delivery of the cargo at its destination : And whereas , owing to the accident aforesaid , the said George Hooper requested the 56 STAINBANK v . FENNING . T. T. 1851 .
Page 69
... liable the said vessel , her freight , and cargo , whether she do or do not arrive at the port of London , in preference to all other debts or claims , declaring that this pledge or bottomry has now , and must have , preference to all ...
... liable the said vessel , her freight , and cargo , whether she do or do not arrive at the port of London , in preference to all other debts or claims , declaring that this pledge or bottomry has now , and must have , preference to all ...
Page 75
... liable contingently on the arrival of the ship . But , suppose legal interest only is stipulated for , is it any objection to the bond that the master makes himself personally liable at all events ? ] The Court of Admiralty will not ...
... liable contingently on the arrival of the ship . But , suppose legal interest only is stipulated for , is it any objection to the bond that the master makes himself personally liable at all events ? ] The Court of Admiralty will not ...
Page 77
... liable for the pay- ment of the said sums of money advanced to enable the said barque to proceed on her voyage , and the costs of insurance as aforesaid , unto the said Allan Gilmour & Co. , their executors , * administrators , and ...
... liable for the pay- ment of the said sums of money advanced to enable the said barque to proceed on her voyage , and the costs of insurance as aforesaid , unto the said Allan Gilmour & Co. , their executors , * administrators , and ...
Page 77
... liable to repay what Pitman might have paid for the repairs , because Pitman was indebted to him , and suggested that bottomry interest had been taken for the advance ; and that therefore , according to maritime custom , the lender took ...
... liable to repay what Pitman might have paid for the repairs , because Pitman was indebted to him , and suggested that bottomry interest had been taken for the advance ; and that therefore , according to maritime custom , the lender took ...
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Common terms and phrases
act of parliament act of union advowson aforesaid agreement alleged Amersham amount Anwick assigns assumpsit authority behalf Birmingham Railway Company bottomry bound Brauncewell Bristol carriage carried carriers cause of action charge church clerk consignee contract costs county court covenant creditors CRESSWELL damages debt declaration deed defendant defendant's delivered demurrer discharge duly E. C. L. R. vol Eastern Counties Railway entered entitled evidence execution executors head of claim held hypothecation indenture insolvent issue JERVIS judge judgment jury land last-mentioned lease liable London and Birmingham London Railway Company Lord matter MAULE ment mentioned mortgage notice opinion packages paid pany parcels parish Parker party passengers payment person plaintiff plea pleaded premises purpose question received recover respect rule scale-bill sheriff ship sleepers statute statute of Anne term therein thereof tion verdict vicarage West London Railway Western Railway Company William writ
Popular passages
Page 967 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for, the debt, default or miscarriages of another person...
Page 629 - ... of the same description, and conveyed or propelled by a like carriage or engine, passing only over the same portion of the line of railway under the same circumstances ; and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular company or person travelling upon or using the railway.
Page 47 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and counter-mart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of 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 527 - ... that this enactment shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or towards any plate, prize, or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime, or exercise.
Page 47 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all doth make assurance and cause and them, and every of them, to be insured lost or not lost...
Page 47 - ... until she hath moored at anchor twenty-four hours in good safety; and upon the goods and merchandises, until the same be there discharged and safely landed.
Page 667 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 101 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and shall enter into a written agreement for that purpose within twenty-one days after the receipt of any such notice from any party so entitled, the same shall be settled by arbitration in the manner herein provided...
Page 917 - Wherever to hold the rule applicable would occasion very great inconvenience, or tend to defeat the very object for which the corporation was created, the exception has prevailed. Hence the retainer by parol of an inferior servant — the doing of acts very frequently recurring, or too insignificant to be worth the trouble of affixing the common seal — are established exceptions.
Page 101 - This case has been argued before us by counsel: we have considered it, and are of opinion...