Reports of Cases Determined at Nisi Prius,: In the Courts of King's Bench and Common Pleas, and on the Home Circuit, from the Sittings After Michaelmas Term, 48 Geo. III. 1807, to the Sittings After Michaelmas Term, 49. Geo. III. 1808, Both Inclusive, Volume 2
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accepted according action afterwards againſt agent agreement allowed amount appeared arrived Attorney authority bankrupt bill bill of exchange bond bound brought called cargo carried caſe cauſe charged commiſſion conſidered contended contract count court debt defendant defendant's delivered directed diſcharged drawer entered entitled evidence fact fendant firſt Garrow give given guilty hands held himſelf houſe indorſed inſurance intereſt iſſue jury letter liable libel London Lord ELLENBOROUGH loſs maintained March Marryat maſter means ment months muſt nonſuited notice objected opinion owner paid Park parties payment perſon plaintiff plea port preſent produced promiſe prove purpoſe queſtion received recover rule ſaid ſame Serjeant ſet ſhall ſhe ſhew ſhip ſhould ſome ſtated ſtatute ſuch ſufficient ſum taken term theſe tion trial uſe verdict Vide voyage warranty witneſs
Page 520 - CJ), that roaring is not necessarily unsoundness ; and I entirely concur in that opinion. If the horse emits a loud noise, which is offensive to the ear, merely from a bad habit which he has contracted, or from any cause which does not interfere with his general health or muscular powers, he is still to be considered a sound horse.
Page 343 - Whatever the rule may be between buyer and seller, it is clear that the defendants cannot say to the plaintiff the malt is not yours, after acknowledging to hold it on his account. By so doing they attorned to him, and I should entirely overset the security of mercantile dealings were I now to suffer them to contest his title.
Page 42 - Hull (the act of God, the Queen's enemies, fire and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever...
Page 228 - But Lord Ellenborough, CJ said that if that were to be made a question, it must be debated on a motion in arrest of judgment, or on a writ of error: but that, after reading the case of Rex...
Page 401 - ... gentlemen of the Jury, to determine what is the fair import of the words employed. Formerly it was the practice to say, that words were to be taken in the more lenient sense: but that doctrine is now exploded; they are not to be taken in the more lenient or more severe sense; but in the sense which fairly belongs to them, and which they were intended to convey.
Page 472 - Honfleur," at a premium of 11 per cent. The ship in sailing from Angola to St. Domingo was guilty of a deviation, which discharged the underwriters from that time, and was lost on her passage home from St. Domingo to Honfleur. Lord...
Page 81 - ... contract to carry goods and a contract to carry passengers. For the goods, the carrier was answerable at all events, but he did not warrant the safety of the passengers. His undertaking as to them went no further than this, that, as far as human care and foresight could go, he would provide for their safe conveyance. Therefore, if the breaking down of the coach was purely accidental, the plaintiff had no remedy for the misfortune he had encountered.
Page 412 - I consider myself bound to you for any debt he (my brother) may contract for his business as a jeweller, not exceeding .£100, after this date.
Page 207 - ... convenient than that where the parties reside in London, each party should have a day to give notice. I have before said, the holder of a bill of exchange is not, omissis omnibus aliis negotiis, to devote himself to giving notice of its dishonor.
Page 195 - ... for any thing by him done in the execution of his office, until notice in writing of such intended writ or process shall have been delivered to him, or left at the usual place of his abode, by the attorney or agent for the party who intends to sue or cause the same to be sued out or served, at least one calendar month before the suing out or serving the same...