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
Page 12
... effect immediately ; as if A. gives to B. 100 % . or a flock of sheep , and puts him in posses- sion , it is then a gift executed in the donee ; and it is not in the donor's power to retract it ; though he did it without consideration ...
... effect immediately ; as if A. gives to B. 100 % . or a flock of sheep , and puts him in posses- sion , it is then a gift executed in the donee ; and it is not in the donor's power to retract it ; though he did it without consideration ...
Page 22
... effect . " If a sale be legalized by li- cense , though the vendor be an alien enemy , he may stop in transitu . 15 East , 419 . So , a principal may stop goods in transitu to his factor , though he be in advance , and has ac- cepted ...
... effect . " If a sale be legalized by li- cense , though the vendor be an alien enemy , he may stop in transitu . 15 East , 419 . So , a principal may stop goods in transitu to his factor , though he be in advance , and has ac- cepted ...
Page 48
... effect of a tenancy at will ; the defendant has taken possession by sending in the coals , and the plaintiff is entitled to a quarter's rent . Lens , contrà . The action of use and occupation can only be founded upon the relation of ...
... effect of a tenancy at will ; the defendant has taken possession by sending in the coals , and the plaintiff is entitled to a quarter's rent . Lens , contrà . The action of use and occupation can only be founded upon the relation of ...
Page 54
... effect of which was to make them liable if the goods were wholly lost , but not if they were only damaged . But the underwriters were held liable to a total loss upon a cargo of corn , where the ship , from the perils insured against ...
... effect of which was to make them liable if the goods were wholly lost , but not if they were only damaged . But the underwriters were held liable to a total loss upon a cargo of corn , where the ship , from the perils insured against ...
Page 56
... effect of the abandonment as for a total loss , by reason of capture and detention , is to be frustrated by the continuance of a loss of a similar kind ? It appears to us , that there ex- isted at the time of the aban- donment a clear ...
... effect of the abandonment as for a total loss , by reason of capture and detention , is to be frustrated by the continuance of a loss of a similar kind ? It appears to us , that there ex- isted at the time of the aban- donment a clear ...
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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>.