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Page 443 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Page 464 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Page 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Page 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Page 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Page 411 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Page 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...