Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's Bench & Common Pleas, and on the Circuit: from the Sittings in Michaelmas Term, 1823, to [Easter Term, 4 Vict. 1841] ... |
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Common terms and phrases
ABBOTT accepted action agreed agreement allowed amount answer appeared applied asked assignee ASSUMPSIT attorney authority bank bankrupt BEST bill brought called cause charge circumstances claim clerk commission considered contained contended contract count Court damages dated debt deed defendant defendant's delivered directed entered entitled evidence execution fact fendant firm fraud give given ground hands held horse indictment issue jury Justice leave letter liable London Lord maintain matter meaning ment mentioned month necessary nonsuit notice objected opinion paid party payment person plaintiff plea possession premises present prisoner produced proof proved question reasonable received recover refused rent rule Scarlett sent Serjt shew ship signed sold stat statute sufficient taken Term thing tion took trade trial Vaughan Verdict whole wife Wilde witness writ
Popular passages
Page 436 - ... seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years...
Page 531 - 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...
Page 217 - Now, they are not goods, nor securities, nor documents for debts, nor are so esteemed ; but are treated as money, as cash, in the ordinary course and transaction of business, by the general consent of mankind, which gives them the credit and currency of money to all intents and purposes. They are as much money as guineas themselves are, or any other current coin that is used in common payments, as money or cash.
Page 84 - Cawog, and in that connection it has been stated, that there is not a contract to answer for the debt of another within the statute of frauds where the alleged guarantor promises the debtor, rather than the creditor to pay the former's debt.
Page 588 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Page 614 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 288 - Middlesex, may be registered as therein directed, " and that every such deed or conveyance that shall at any time after the said 29th day of September be made and executed shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration...
Page 436 - Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common Gaol, or House of Correction...
Page 172 - ... the proving or claiming a debt under a commission by any creditor shall be deemed an election by such creditor to take the benefit of such commission with respect to the debt so proved or claimed : provided that such creditor shall not be liable to the payment to such bankrupt or his assignees, of the costs of such action or suit so relinquished by him...
Page 158 - ... to be nothing wrong there, great latitude will be allowed for misapprehension or mistake. But, on the other hand, if the heart is wrong, — if cruelty, malice, and oppression...