A Selection of Leading Cases, on Various Branches of the Law, Svazek 1John William Smith, John Innes Clark Hare, Horace Binney Wallace, John William Wallace T. & J. W. Johnson, 1855 |
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accord and satisfaction action admissible admitted agreement alleged appears assignee assumpsit averment bailee bailment bill Bing bond breach brought carrier charge chattels circumstances common carrier common law condition consideration contract conveyance court covenant creditor damages debt debtor decided decision declaration deed defendant delivered delivery demise distrained doctrine ejectment Eliz entitled entry equity estoppel evidence Exchequer execution executor express fact fraud fraudulent given grant grantor ground held implied injury insured Johnson judgment jury Justice land landlord lease lessee lessor liable Lord Lord Mansfield matter ment Metcalf mortgagee mortgagor negligence notice oath opinion owner party payment plaintiff plea pleaded possession principle promise proved purchaser question Quia Emptores Rawle reason recover rent replevin replication rule seisin Sergeant sheriff Smith statute Statute of Frauds subsequent sufficient tenant third person tion trespass trover unless vendee vendor Vermont void warranty Watts Wend writ
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Strana 372 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Strana 303 - ... (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.
Strana 372 - ... or to charge any person upon any agreement made in consideration of marriage, or upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them...
Strana 702 - Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Strana 671 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Strana 69 - ... or subsequent purchasers in good faith; and shall be conclusive evidence of fraud, unless it shall be made to appear on the part of the persons claiming under such sale or assignment that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
Strana 502 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Strana 291 - The law charges this person thus intrusted to carry goods, against all events but acts of God, and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him. nevertheless he is chargeable.
Strana 673 - Before that period we find that in Courts of law all the evidence in mercantile cases was thrown together ; they were left generally to a jury, and they produced no established principle. From that time we all know the great study has been to find some certain general principles, which shall be known to all mankind, not only to rule the particular case then under consideration, but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained,...
Strana 570 - ... all executions and attachments against the lands and tenements or goods and chattels of such bankrupt, bonâ fide executed or levied .before the date and issuing of the fiat, shall be deemed to be valid, notwithstanding any prior act of bankruptcy by such bankrupt committed...