An Abridgment of the Law of Nisi Prius, Volume 1W. Clarke, 1817 - 1313 pages |
Table des matières
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Autres éditions - Tout afficher
Expressions et termes fréquents
acceptance acceptor act of bankruptcy action brought action for money action of debt afterwards agreement appear arrest assignment assumpsit averred bail-bond bankrupt bill of exchange bond breach Buller Burr Camp carrier cited commission common law condition consideration contract court covenant coverture creditor damages declaration deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz evidence execution executor feme covert fendant given heir holden husband indenture indorser Inst issue judgment jury land lease lessee lessor liable Lord Ellenborough Lord Kenyon Lord Mansfield marriage ment non est factum notice obligor opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient Taunt tenant testator tion trade trespass usury verdict void wife Wils writ
Fréquemment cités
Page 234 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Page 252 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Page 466 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Page 360 - ... and also every such note payable to any person or persons, his, her, or their order, shall be assignable or indorsable over in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Page 164 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 525 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Page 516 - ... but with this constant diversity, viz.: where the restraint is general not to exercise a trade throughout the kingdom, and where it is limited to a particular place; for the former of these must be void, being of no benefit to either party, and only oppressive, as shall be shown by-and-by."2 IN ENGLAND.
Page 164 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 142 - 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...
Page 540 - that where there are mutual debts between the plaintiff and 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...