Reports of Cases Ruled and Determined at Nisi Prius: In the Court of Common Pleas, and on the Northern Circuit; from the Sittings After Trinity Term, 55 Geo. III. 1815, to the Sittings After Michaelmas Term, 58 Geo. III. 1817, Both Inclusive. To which are Added, Copious Notes Upon the Most Important Subjects of Commercial and General Law, Volume 110 |
From inside the book
Results 1-5 of 68
Page 6
... debt and costs in THE HOLLAND V. JOURDINE . HIS was an action to recover the amount of an attorney's bill ; plea the general issue . The defendant's counsel admitted the bill to be due , and the cause , and the defence was , a receipt ...
... debt and costs in THE HOLLAND V. JOURDINE . HIS was an action to recover the amount of an attorney's bill ; plea the general issue . The defendant's counsel admitted the bill to be due , and the cause , and the defence was , a receipt ...
Page 7
... debt and costs , and the plaintiff re- fuses to receive it , the Court will permit the defendant to pay into Court the debt and the costs up to the time of his offer only . And the plaintiff will be compelled to pay the costs of the ...
... debt and costs , and the plaintiff re- fuses to receive it , the Court will permit the defendant to pay into Court the debt and the costs up to the time of his offer only . And the plaintiff will be compelled to pay the costs of the ...
Page 13
... debt were disputed . assignment be fraudulent , and an act of bankruptcy , upon which The alleged act of bankruptcy was an assign- other credi- ment made by the bankrupts , bearing date the and assenting , * tors , not privy may sue out ...
... debt were disputed . assignment be fraudulent , and an act of bankruptcy , upon which The alleged act of bankruptcy was an assign- other credi- ment made by the bankrupts , bearing date the and assenting , * tors , not privy may sue out ...
Page 14
... debts respectively amounted to 30l . , should come in under the terms of the deed by the 10th of January , 1814 , the deed should be void . The bankrupts themselves had executed the deed ; but the trustees had not executed it , nor was ...
... debts respectively amounted to 30l . , should come in under the terms of the deed by the 10th of January , 1814 , the deed should be void . The bankrupts themselves had executed the deed ; but the trustees had not executed it , nor was ...
Page 46
... debt for the penalty , or an action on the covenant for damages . In the former case , the contract is rescinded , and the penalty becomes the debt in law ; subject of course to relief in equity , and to the re- strictions by the mode ...
... debt for the penalty , or an action on the covenant for damages . In the former case , the contract is rescinded , and the penalty becomes the debt in law ; subject of course to relief in equity , and to the re- strictions by the mode ...
Other editions - View all
Common terms and phrases
act of bankruptcy action agent agreement assignees assumpsit attorney bankrupt bankrupt laws barratry Best bill of exchange bill of lading bound broker brought Cagliari Campb cargo charge circumstances common law consignee contended contrà contract convoy counsel Court court of equity creditor custom damages debt deed defendant defendant's delivered delivery East entitled equity evidence fendant fraud GIBBS Hardman held hemp horse indorsed Jury Lens liable libel license likewise London Lord Lord Ellenborough Lord Mansfield loss ment necessary neral nonsuited notice objection officer opinion owner paid party patent payment person plaintiff plea port possession premium principal promise prove question received recover rent ruptcy sail Scarlett scrivener sell serjeant servant sheriff shew ship sion sold Solicitor statute statute of Anne sufficient surety tain Taunt tenant tiff tion trade underwriters usury Vaughan vessel void voyage warrant witness words
Popular passages
Page 655 - ... to the use of the said William Thomas Davies and his assigns for and during the term of his natural life, without impeachment of waste...
Page 383 - Undoubtedly, as a general proposition a right of lien gives no right to sell the goods. But when goods are deposited by way of security, to indemnify a party against a loan of money, it is more than a pledge. The lender's rights are more extensive than such as accrue under an ordinary lien in the way of trade.
Page 87 - What is forbearance and giving time ? It is an engagement which ties the hands of the creditor. It is not negatively refraining; not exacting the money at the time; but it is the act of the creditor, depriving himself of the power of suing by something obligatory, which prevents the surety from coming into a court of equity for relief; because, the principal having tied his *own hands, the surety cannot [ *163 ] release them.
Page 541 - Crowle showed cause on behalf of the plaintiff, and insisted that it was a damage done to the inheritance : if the reversioner wanted to sell the reversion, this obstruction would certainly lessen the value of it. The court were of opinion that an action might be brought by one in respect of his possession; and by the other in respect of his inheritance, for the injury done to the value of it.
Page 482 - The general distinction is this : where the immediate act of imprisonment proceeds from the defendant, the action must be trespass and trespass only; but where the act of imprisonment by one person is in consequence of information from another, there an action upon the case is the proper remedy, because the injury is sustained in consequence of the wrongful act of that other.
Page 65 - Under the practice of making, we may class all new artificial manners of operating with the hand, or with instruments in common use, new processes in any art, producing effects useful to the public.
Page 62 - Under things made, we may class, in the first place, new compositions of things, such as manufactures in the most ordinary sense of the word ; secondly, all mechanical inventions, whether made to produce old or new effects...
Page 682 - There, in an action by the indorsee of a bill of exchange against the acceptor, it...
Page 600 - ... was held not to pass the property to S., where S. neglected, upon the ship's return and notice thereof, to take possession, or to do any act to notify the transfer of the property to him ; but that the property passed to the assignees of M., who became bankrupt, as being in the possession, order, and disposition of M.
Page 330 - ... duty by reason of such alteration* so that such alteration be made before notice of the determination of the risk originally insured, and the premium or consideration originally paid or contracted for shall exceed the rate of 18>.