Reports of Cases Argued and Determined in the Court of Common Pleas: And Other Courts, from Michaelmas Term, 48 Geo. III. 1807, to [Hilary Term, 59 Geo. III. 1819] Both Inclusive. With Tables of the Cases and Principal Matters, 7권A. Strahan, 1819 |
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affidavit assigns assumpsit averred award bail bankrupt barratry Best Serjt bill Bitteswell bond broker BURROUGH cargo charter-party cited Coltsfoot contended contract costs Court covenant DALLAS damages debt decease declaration deed Defendant Defendant's delivered delivery demise devise discharged entered entitled estate tail evidence execution executor fendant fieri facias freight freighter gavelkind GIBBS C. J. given Groning ground hares heirs held indorsed issue judgment jury land Latchingdon lease Lens Serjt lessor licence London Lord Lord Ellenborough manor ment messuages nonsuit notice obtained a rule owner paid parishes party payment Penpont Pernau person Plaintiff plea pleaded possession premises question recover remainder rent replevin rule nisi seal sheriff shewed cause ship Smith statute statute of frauds tenant Term Rep testator testator's therein thereof tiff tion trespass trial Trinity term Vaughan Serjt verdict voyage West India Dock wife words writ
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615 페이지 - On the 26th October, the Plaintiffs received notice of the loss, and on the same day gave notice of abandonment to the Defendant. The question for the opinion of the Court was, whether the Plaintiff was entitled to recover; if the Court should be of opinion
414 페이지 - altogether vacated the contract. The jury found that the Defendant had not assented to the alteration, but gave a verdict for the Plaintiff for the loss upon the Starling, with liberty for the Defendant to move to enter a nonsuit, if the Court should think that the policy was destroyed by the alteration.
502 페이지 - and exertion to avert it,) by the tortious act of the Defendant, who must take the consequence, if his neighbour thereby sustain an injury. The two things here concur, which Lord Ellenborough requires, to support such an action ; fault in the Defendant, and no want of ordinary care to avoid it on the part of the
210 페이지 - Company, or from the Governor and Company of Merchants of Great Britain trading to the South Seas, any thing in any law, charter, usage, or custom, to the contrary in anywise notwithstanding: that this statute authorizes a trading voyage, as well as
48 페이지 - that purpose, in term-time, made to some one of His Majesty's superior courts of record at Westminster, to the satisfaction of such Court, be forthwith discharged out of custody as to such execution, by the rule or order of such Court. He produced an affidavit of the prisoner, that his debt was under
391 페이지 - in, by, and with all and all manner of needful and necessary reparations and amendments; and assigned for breach that the Defendant, not regarding his duty, but wrongfully intending to injure the Plaintiff, whilst the same were in the Defendant's possession as tenant thereof to the Plaintiff, on
112 페이지 - the sum of 3000^. and interest within the five years, then upon trust, as soon as the five years should expire, to convey and assure all the same lands to the use of Sir G. Pauncefote and his assigns for his life, with remainder to the use of the Defendant Sir
560 페이지 - if there be two or more Plaintiffs or Defendants, and one or more of them die, if the cause of action survive to the surviving Plaintiff, or against the surviving Defendant, the action shall not be thereby abated, but such death being suggested, such action
139 페이지 - of Chancery. This case has been argued before us: we have considered it, and are of opinion, First, That the testator Thomas Grace Smith had, at the time of making his will, and at the time of his death, an estate for life only, in such part of the
256 페이지 - damages to be due upon the suggestion of breaches. Best Serjt. on a former day in this term had obtained a rule nisi to set aside this verdict, and enter a nonsuit, upon the authority of Phipps v. Parker. He observed, that though secondary evidence of the execution of an attested instrument had been since admitted in Fitzgerald?.