Reports of Cases Argued and Ruled at Nisi Prius, in the Courts of King's Bench and Common Pleas: 1793[-1807] ...P. Byrne, 1802 - Law reports, digests, etc |
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Common terms and phrases
act of bankruptcy act of parliament action of assumpsit action was brought admitted amount annuity answered appeared assignees ASSUMPSIT bankrupt bill of exchange bond bound brought to recover called CATOR charge Cockell commission COMMON PLEAS contract court creditors debt declaration deed defendant defendant's counsel delivered demand dence discharge entitled Erskine Espinasse evidence execution fact fendant Garrow Gibbs give given hand-writing husband indorsed jury Justice King's Bench Lewis Goldsmith liable lien Lord ELDON Lord ELLENBOROUGH Lord KENYON Lordship ment NISI PRIUS non est factum nonsuited notice objected officer opinion partner partnership party payment person plaintiff plaintiff proved plaintiff's counsel pleaded present action produced question received refused relied Serjeant Serjt Shepherd shew ship Sigard SITTINGS AFTER TERM sold statute sufficient taken TERM AT GUILDHALL tiff tion trespass trover usury verdict Vide void voyage wages wife witness writ
Popular passages
Page 56 - Vaughan now moved for a rule to shew cause, why the verdict should not be set aside, and a new trial granted.
Page 1 - Nicholl, but merely a correction of a mistake, and in furtherance of the original intention of the parties, and the plaintiff had a verdict A new trial was afterwards moved for, but the court refused a rule.
Page 53 - If there was any fraud in the transaction, or if a bona fide consideration had not been paid for the bill by the plaintiffs, to be sure they could not recover; but to adopt the principle of the defence to the full extent stated, would be at once to paralyze the circulation of all the paper in the country, and with it all its commerce.
Page 84 - ... keep the horse and bring an action on the warranty, in which he will have a right to recover the difference between the value of a sound horse and one with such defects as existed at the time...
Page 11 - ... construction for the tenant where he has made necessary and useful erections for the benefit of his trade or manufacture, and which enable him to carry it on with more advantage. It has been held...
Page 53 - that to adopt the principle of the defence to the full extent stated, would be at once to paralyze the circulation of all the paper in the country, and with it all its commerce. The circumstance of the bill having been lost, might have been material if they could bring knowledge of that fact home to the plaintiffs.
Page 84 - Britain, or the lord keeper or the lords commissioners for the custody of the great seal of Great Britain, for the time being...
Page 52 - It was contended by the defendant, that although a person might pay a bill, to which he was a party, to one who had come dishonestly by it, by reason of the personal liability attached to his name on the bill, a banker or any other should not discount a bill for a person unknown without using due diligence to inquire into the circumstances, as well respecting the bill as of the person who offered to discount it.