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 1 |
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Page 8
Lens , serjeant , for the plaintiff , contended , that there was a general assumpsit
in law , founded in the relation of landlord and tenant , that the latter should keep
the premises in tenantable condition ; and that this obligation attached upon a ...
Lens , serjeant , for the plaintiff , contended , that there was a general assumpsit
in law , founded in the relation of landlord and tenant , that the latter should keep
the premises in tenantable condition ; and that this obligation attached upon a ...
Page 9
Lens , serjeant , and Stanley , for plaintiff . Best , serjeant , for defendant . [
Attornies , Geldard and Wells . ] The Lord Chief Justice cited a MS . case , on the
Western Circuit , in which Mr . Justice Buller had expressed the same opinion .
Lens , serjeant , and Stanley , for plaintiff . Best , serjeant , for defendant . [
Attornies , Geldard and Wells . ] The Lord Chief Justice cited a MS . case , on the
Western Circuit , in which Mr . Justice Buller had expressed the same opinion .
Page 11
Lens , serjeant , contrà . In the case in Brookes , trespass might well be
maintained , because trespass can be maintained upon a special property
against a wrongdoer ; but the case does not go to the extent , that the original
owner , or those ...
Lens , serjeant , contrà . In the case in Brookes , trespass might well be
maintained , because trespass can be maintained upon a special property
against a wrongdoer ; but the case does not go to the extent , that the original
owner , or those ...
Page 17
Plaintiffs nonsuited . Lens , serjeant , and Spankie , for plaintiffs . The Solicitor
General and Onslow , serjeant , for defendants . [ Attornies , Windus and
Holloway . - - Abbott . ] Such estoppel , it seems , ap - signment by partners , by
deed , plies ...
Plaintiffs nonsuited . Lens , serjeant , and Spankie , for plaintiffs . The Solicitor
General and Onslow , serjeant , for defendants . [ Attornies , Windus and
Holloway . - - Abbott . ] Such estoppel , it seems , ap - signment by partners , by
deed , plies ...
Page 28
The Solicitor General , Lens and Best , serjeants , * * for the defendant , objected ,
that the letter sent by the attorney of the plaintiff was no notice within the Act of
Parliament . The Act directs that all proceedings shall be against the treasurer for
...
The Solicitor General , Lens and Best , serjeants , * * for the defendant , objected ,
that the letter sent by the attorney of the plaintiff was no notice within the Act of
Parliament . The Act directs that all proceedings shall be against the treasurer for
...
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Common terms and phrases
accepted action admitted agent agreement amount appeared assignees authority bank bankrupt bankruptcy Best bill bond bound broker brought called cargo cause charge circumstances claim commission common contended contract Court creditor custom damage debt deed defendant delivered delivery directed East effect entitled evidence exchange execution express fact fendant GIBBS give given ground hands held intent interest Jury land Lens letter liable license likewise London Lord loss master means ment necessary notice objection obtained officer opinion owner paid particular party patent payment person plaintiff port possession present principal produced promise prove question reason received recover rent respect rule sell sent serjeant shew ship Solicitor statute sufficient taken thing tion trade underwriters usury Vaughan Verdict vessel whole witness
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>.
Bibliographic information
| Title | 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 ..., Volume 1 |
| Authors | Great Britain. Court of Common Pleas, Francis Ludlow Holt |
| Publisher | J. Butterworth and Son, 1818 |
| Length | 707 pages |
| Export Citation | BiBTeX EndNote RefMan |