A Digest of the Law of Actions and Trials at Nisi PriusE. Lynch, 1794 - 791 sider |
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2dly act of bankruptcy action adjudged adminiftrator affigned affumpfit againſt arreft bankrupt bankruptcy barratry becauſe bill of exchange bond breach brought Bull Buller N. P. Burr caſe caufe cauſe cofts commiffion confideration court covenant Cowp cuftom damages debt deed defendant pleaded demife demurrer diſcharged Dougl eftate ejectment Eliz ex dim executor faid fale fame fendant fhall fheriff fhew fhip fhould figned firft fome fpecial ftat ftate ftatute fued fufficient fuit given in evidence held himſelf houſe huſband iffue indorfed infurance intereft judgment juftice jury land leafe leffee leffor liable lofs Lord Lord Mansfield mandamus Mayor muft muſt neceffary paid party payment perfon plaintiff plaintiff declared plea poffeffion promiſe prove queftion Raym reafon recover refolved refufed refuſed rent replevin Salk ſhall Stra ſuch tenant Term Rep thefe theſe trefpafs trover unleſs uſe verdict void wife Wilf witnefs writ
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Side 100 - Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Side 278 - ... party may recover damages from the other for the injury he may have received by a breach of the covenants in his...
Side 645 - He must so describe it that the public may, after the expiration of the term, have the use of the invention in as cheap and beneficial a way as the Patentee himself uses it...
Side 279 - But this rule admits of some diversities : as, first, if a day be appointed for the payment of the money, and the day is to happen before the thing can be performed, an action may be brought for the money, before the thing be done...
Side 76 - I desire it may be understood, that the point here determined is, " that the plaintiff, upon a policy, can only recover an indemnity according to the nature of his case at the time of the action brought, or (at most) at the time of his offer to abandon.
Side 234 - That where there are mutual debts between the plaintiff and the defendant one debt may be set against the other." This is the whole enactment as applicable to the present case, and upon its true construction the question depends. If the words of the statute had been, that where there were " mutual debts" the one might be set against the other, the argument of Mr.
Side 264 - ... recited that before sealing of the indenture it was agreed on consideration that the plaintiff should have the third part of the coals digged. On demurrer to the declaration, Wild excepted that here is no covenant to pay the third part, but a recital of agreement to have it. But by Hales Chief Justice, Were it but a recital, that before the indenture they were agreed, it is a covenant: and so to say whereas it was agreed to pay £20...
Side 557 - ... for if it was not done to defraud creditors, and keep out of the way, it will not be an aft of bankruptcy within the ftatute. Alfo if after a plain aft of bankruptcy he pays off or compounds with all his creditors.
Side 24 - B. it was holden, that it was within the statute, being an absolute promise, and every way as negotiable as if it had been generally for value received.
Side 463 - Rent, or the cuftom of any borough, or any other particular cuftom, (hall he in writing, and figned by the party fo devifing the fame, or by fome other perfon in his prefence, and by his exprefs...