Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Bind 16


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Side 518 - ... (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 excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Side 603 - ... book, of having delivered a woman of a child on a certain day, referring to his ledger in which he had made a charge for his attendance, which was marked as paid, is evidence upon an issue as to the age of such child at the time of his afterwards suffering a recovery.
Side 327 - 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 556 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Side 301 - ... he the defendant would pay the annuity. The breach assigned was the non-payment of the annuity. Plea, that the plaintiff was not, at the time of making the deed, legally possessed of the negroes on the plantation, and so had not a good title to convey.
Side 300 - that, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other; but, where the covenants go only to a part, there a remedy lies on the covenant to recover damages for the breach of it, but it is not a condition precedent.
Side 522 - The parties have entered into a special contract, by which freight is made payable in one event only, that of a right delivery of the cargo according to the terms of the contract ; and that event has not taken place. There has been no such delivery ; and consequently the plaintiff is not entitled to recover.
Side 388 - ... still entitle himself to the whole freight, by forwarding the goods by some other means to the place of destination ; but he has no right to any freight if they be not so forwarded ; unless the forwarding them be dispensed with, or unless there be some new bargain upon this subject. If the ship-owner will not forward them, the freighter is entitled to them without paying anything.
Side 266 - He paid it to the defendant, which he was not bound to do in law : and in such a case the person he pays it to shall be accountable, and considered as receiving it for those who are in equity entitled to it.
Side 111 - ... that the entry made was in prejudice of the party making it. In the case of the receiver, he charges himself to account for so much to his employer. In this case, the party repelled by his entry a claim which he would otherwise have had upon the other for work performed, and medicines furnished to the wife ; and the period of her delivery is the time for which the former charge is made, the date of which is the...

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