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" Plaintiff had discharged the other owner*, who, in renewed.15'" be ignoi'ance 0f this mode of dealing between the Plaintiff and White, had suffered him to receive large sums of the East India Company for freight, which they would otherwise have detained.... "
Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ... - Page 122
by Great Britain. Court of King's Bench, Isaac 'Espinasse - 1807
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Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's ...

Great Britain. Nisi prius, Isaac 'Espinasse - Law reports, digests, etc - 1807 - 380 pages
...and particularly it must have a verdict against him : it was not necessary there the bill be reshould have been a receipt. If he has adjusted accounts with him on that footing, the other defendants are entitled to the benefit of it. The first renewed bill is expressed to be for cordage found for the...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 12

Law - 1834 - 614 pages
...expressed his opinion that the other owners were discharged from liability. " If the plaintiff," he said, " dealing with White separately, has adopted him, he has discharged the others :" and he left it to the jury (a very respectable special jury of merchants, as the report informs us), to...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench - Law reports, digests, etc - 1835 - 1218 pages
...would ~' J THOMPSON otherwise have detained. Lord Ellenborough there said, against PEUCIVAL. — " If the plaintiff, dealing with White separately, has...the others, and must have a verdict against him." — " The question is, whether it" (the bill) " was intended as a settlement with him alone, and adopting...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 2

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1836 - 856 pages
...East India Company for freight, which they would otherwise have detained. But Lord Ettenborough said, "If the plaintiff, dealing with White separately,...with him on that footing, the other defendants are entitled to the benefit of it." So in Paterson v. Gandasequi (a) it was held, that if the seller of...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1836 - 922 pages
...which they would otherwise have detained. Lord Ellenborough said: " If the plaintiff, dealing withWhite separately, has adopted him, he has discharged the others, and must have a verdict against him. If he has adjusted accounts with him on that footing, the other defendants are entitled to the benefit...
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - Partnership - 1840 - 1016 pages
...the East India Company for freight, which they would otherwise have detained. Lord Ellenborouyh — "If the plaintiff, dealing with White separately,...discharged the others, and must have a verdict against him. The question is, whether it was intended as a settlement with him alone, and adopting him as the single...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...said, if the plaintiff, dealing with the managing owner, has adopted him, he has discaarged the others. If he has adjusted accounts with him on that footing, the other defendants are entitled to the benefit of it. It was not necessary, that there should have been a receipt. The first...
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A Treatise on the Law of Shipping

Henry Flanders - Maritime law - 1853 - 584 pages
...the East India Company for freight, which they would otherwise have detained. LORD ELLENBOROUOH. — If the plaintiff, dealing with White separately, has...with him on that footing, the other defendants are entitled to the benefit of it. The first renewed bill is expressed to be for cordage found for the...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 29

Great Britain. Courts - Law reports, digests, etc - 1854 - 814 pages
...which they would otherwix detained. But Lord Ellenborough said, " If the plaintiff, dealing with ff separately, has adopted him, he has discharged the others, and must have a diet against him; it was not necessary there should have been a receipt. If has adjusted accounts with...
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - Maritime law - 1856 - 996 pages
..." If the plaintiff, dealing with the managing owner, has adopted him, he has discharged the others. If he has adjusted accounts with him on that footing, the other defendants are entitled * to the benefit of it" But one part-owner, though he be also managing owner, cannot, by ordering...
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