A Treatise of the Law Relative to Contracts and Agreements Not Under Seal: With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts, 1권A. Strahan, 1807 |
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act of bankruptcy action of affumpfit affignees afterwards againſt agent agreed agreement alfo alſo anſwer bankrupt bankruptcy becauſe bill bill of exchange brought cafe cargo caſe caufe cauſe charter-party circumftance commiffion common law confequence confideration contract courſe court coverture creditors debt defendant defendant's delivered diſcharged exprefs faid fale fame feamen fecurity feme feme covert fendant fent feparate fervant fhall fhip fhould figned fold fome freight ftated ftatute of frauds fubject fuch fufficient furniſhed himſelf houfe houſe huſband indorſement infant intereft Juftice liable Lord Kenyon Lord Mansfield mafter muſt neceffaries opinion otherwife owner paid parties partners partnerſhip payment perfon plaintiff poffeffion prefent promife promiſe to pay purchaſe purpoſe queftion reaſonable received recover refpect refuſed ſaid ſeparate ſhall ſhe ſhip ſtated ſuch Term Rep thefe theſe thoſe trade tranfaction trial truft truſt unleſs uſe verdict Vide void voyage wages wife writing
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48 페이지 - or upon any contract or fale of lands, tenements or hereditaments, or any intereft in or concerning them; or upon any agreement that is not to be performed within the fpace of one year from the making thereof •, unlefs the agreement upon which
310 페이지 - a creditor of the concern. The queftion for the opinion of the court was, whether the plaintiffs were entitled to recover ? If they were, then the verdict was to (land ; otherwife, a verdict was to be entered for
127 페이지 - for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered; yet the property of the horfe is by the bargain in the bargainer or buyer. But if he do prefently tender me my money, and I do refufe it, he may take the horfe, or have an
435 페이지 - and in the ufual and ordinary courfe of trade and dealing received by fuch perfon of any fuch bankrupt, before fuch time as the perfon receiving the fame (hall know, understand, or have notice, that he is become a bankrupt, or that he is in
533 페이지 - capacity ;" upon which the Lord Chief Baron Skynner, delivered the opinion of the Judges to this effect.— It is undoubtedly true that every man is by the law of nature bound to fulfil his engagements. It is equally true that the law of this country
100 페이지 - of a delivery: Where goods are ponderous, and incapable as here of being handed over from one to another, there need not be an aftual delivery ; but it may be done by that which is tantamount,
112 페이지 - is to reduce contracts to a certainty, in order to avoid perjury on the one hand, and fraud on the other, and therefore, both in this court and the courts of Common Law, where an agreement has been reduced to fuch a certainty, and the
44 페이지 - action no eflbin, protection, wager of law, or more than one " imparlance (hall be allowed; and it (hall be fufficient therein " for the plaintiff to alledge that the defendant is indebted to the " plaintiff, or has received to
496 페이지 - to pay, though the plaintiff had no title, or perhaps an equitable title only, the action lay. Under the ftatute a landlord, who has rent owing to him, is allowed to recover, not the rent, but an equivalent for the rent, a reafonable
436 페이지 - appear that there has been mutual credit given by the ^bankrupt and any other perfon, or mutual debts between the bankrupt and any Other perfon, one debt