A General Abridgment and Digest of American Law: With Occasional Notes and Comments, Volume 1Cummings, Hilliard & Company, 1823 - Law |
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Page 24
... paid by mistake . 4. Monies obtained by deceit . 5. When the consideration fails . 6. For monies paid on a void authority . 7. Monies obtained by extortion , imposition , embezzling , & c . 8. For monies paid on judgments reversed ...
... paid by mistake . 4. Monies obtained by deceit . 5. When the consideration fails . 6. For monies paid on a void authority . 7. Monies obtained by extortion , imposition , embezzling , & c . 8. For monies paid on judgments reversed ...
Page 113
... paid it to the payee be- R. 423 , Bor- fore it was endorsed ; because not being paid when due , a sus- ling picion naturally arose against it . The note of Banks was payable on demand , and was endorsed 18 months after it was made . + ...
... paid it to the payee be- R. 423 , Bor- fore it was endorsed ; because not being paid when due , a sus- ling picion naturally arose against it . The note of Banks was payable on demand , and was endorsed 18 months after it was made . + ...
Page 120
... paid . H.did not pay , nor did the deft . on request ; held the plt . might recover against the deft . though his promise was not made at the time of the request . In this case there was a good consideration for the deft's . promise ...
... paid . H.did not pay , nor did the deft . on request ; held the plt . might recover against the deft . though his promise was not made at the time of the request . In this case there was a good consideration for the deft's . promise ...
Page 124
... paid , A in consideration B had occupied and paid , promises to save him harmless against all persons for his occupation past and to come . If B's cattle be distrained damage feasant , he may have an action against A on this promise ...
... paid , A in consideration B had occupied and paid , promises to save him harmless against all persons for his occupation past and to come . If B's cattle be distrained damage feasant , he may have an action against A on this promise ...
Page 141
... paid , or an act to be done in favour of one of the parties , shall be in satisfaction ; or that it should contain any equivalent expres- sions a discharge to the other must necessarily be presumed from the payment of the sum or ...
... paid , or an act to be done in favour of one of the parties , shall be in satisfaction ; or that it should contain any equivalent expres- sions a discharge to the other must necessarily be presumed from the payment of the sum or ...
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Common terms and phrases
accord and satisfaction action lies administrator agent agreed arbitrators assent assigned assumpsit attorney award bailiff bankrupt bill bind bond bound Burr cause of action CHAPTER cited common law consent consideration count court held courts of equity covenant Cowp creditor debtor declaration deed deft deft's delivered demand detinue discharged distrain Dougl East election equity evidence execution executor ground illegal implied Johns judgment land liable Mass Massachusetts matter ment monies paid Munstone party payment perform plea pleaded plt's principles promise to pay prove quantum meruit Raym reason received recover back referred release remedy replevin request rule Salk scire facias shew sold special contract statute of frauds Stra submission sued surety tenant testator thing third person tion tort tract trespass trover trust void Wils writ writing Сн
Popular passages
Page 235 - That no contract for the sale of any goods, wares, and merchandises, 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, or give something in earnest to bind the bargain, or in part payment...
Page 87 - And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed.
Page 146 - 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...
Page 378 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Page 316 - no State . . . shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Page 234 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 241 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 378 - ... assigned, or the money therein mentioned ordered to be paid by indorsement thereon, shall and may maintain his, her, or their action for such sum of money, either against the person or persons, body...
Page 234 - ... 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, or some other person thereunto by him lawfully authorized.