 | Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...assumpsit, all matters of confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void...fraud or otherwise, shall be specially pleaded;— ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute... | |
 | Great Britain. Court of Common Pleas, Sir William Hodges - Law reports, digests, etc - 1836 - 508 pages
...matters in confession and avoidance, including not only those by way of discharge but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, must be specially pleaded." Therefore the plea of non assumpsit does not raise the objection as to... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1836 - 816 pages
...avoidance, including not only those by way of discharge, but those which shew the transaction to be void or voidable -in point of law, on the ground of fraud or otherwise, shall be specially pleaded. In directing that these matters shall be specially pleaded, the rule does not require that they should... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1836 - 900 pages
...transaction to be either void or voidable in point of law,"— " shall be specially pleaded. Ex. gr.: infancy — coverture — release — payment —...of consideration, either by statute or common law," &c., " must be pleaded." The question, therefore, comes to this, whether the plea gives a sufficient... | |
 | Cuthbert William Johnson - Bills of exchange - 1837 - 236 pages
...assumpit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void...of fraud or otherwise, shall be specially pleaded; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute... | |
 | William Tidd - Civil procedure - 1837 - 720 pages
...voidable in point of law, on the ground of fraud or otherwise b , shall be specially pleaded : Ex. gr. infancy, coverture, release, payment, performance,...accepting, &c. bills or notes by way of accommodation, set off, mutual credit, unseaworthiness, misrepresentation, concealment, deviation, and various other... | |
 | Great Britain. Courts, William Moody, Frederic Robinson - Law reports, digests, etc - 1837 - 660 pages
...matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point...of fraud or otherwise, shall be specially pleaded." 1834. The learned Judge, afterwards, in summing up the case, left it to the Jury to say, whether the... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...asswnpsit, nil mailers in confestion and avoidance (b), including not only those by way of discharge, but those which show the transaction to be either void...or voidable in point of law, on the ground of fraud (c) or otherwise, shall be specially pleaded (d). Ex.gr. Infancy (e), coverture, release, payment (/),... | |
| |
In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
