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, 2권A. Strahan, 1807 |
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3 페이지
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. 12 CHAPTER I. Of Money Had and ... case at the trial ( c ) . This is equally beneficial to the defendant . It is the most favourable way in which he ...
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. 12 CHAPTER I. Of Money Had and ... case at the trial ( c ) . This is equally beneficial to the defendant . It is the most favourable way in which he ...
5 페이지
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. 1. Of Money had and received ... case- will lie as for money had and received . And it is obferved , ( i ) that though a bill in equity may be proper ...
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. 1. Of Money had and received ... case- will lie as for money had and received . And it is obferved , ( i ) that though a bill in equity may be proper ...
23 페이지
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. The counfel for the defendant ... case of a banker . If a fum of money is paid into his hands for the ufe of a factor , it will never be contended ...
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. The counfel for the defendant ... case of a banker . If a fum of money is paid into his hands for the ufe of a factor , it will never be contended ...
24 페이지
... case of Burrough v . Skinner , ( k ) it was held , that an action for money had and received would lie against an auctioneer to recover back a deposit paid to him on account of lands pur- chafed by the plaintiff , but to which no title ...
... case of Burrough v . Skinner , ( k ) it was held , that an action for money had and received would lie against an auctioneer to recover back a deposit paid to him on account of lands pur- chafed by the plaintiff , but to which no title ...
25 페이지
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. Thus , in the case of Temple v Welds , ( n ) which was an action of indebitatus affumpfit for money had and received . Upon evi- dence the cafe came ...
With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts Samuel Comyn. Thus , in the case of Temple v Welds , ( n ) which was an action of indebitatus affumpfit for money had and received . Upon evi- dence the cafe came ...
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action for money action of affumpfit action of indebitatus affigned affumpfit for money aforefaid afterwards againſt agreement alfo alſo annuity anſwer Bailment becauſe bill bond brought cafe carrier caſe caufe cauſe circumftances commiffion common carrier confequence confideration contract counſel court court of equity damages debt declaration defendant defendant's delivered depofit diſcharge exprefs fafely faid fale fame fecurity fendant fent fervant fhall fhip fhould firſt fold fome ftated ftatute fubject fuch fufficient fum of money himſelf horfe horſe houſe indebitatus affumpfit indorfed infured intereft judgment Juftice jury liable Lord Ellenborough Lord Kenyon Lord Mansfield mafter money paid muſt neceffary nonfuit opinion parties payment perfon plaintiff poffeffion prefent premium promiſe proved purchaſe purpoſe queſtion reaſon received recover back refpect refuſed rent requeſt riſk ſaid ſhall ſhip ſpecial ſtated ſtock ſuch teftator Term Rep thefe thereof theſe thoſe tranfaction trial unleſs uſe verdict Vide void wager warehouſe warranty
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572 페이지 - Jac. 1, c. 16, § 4) it was provided "that if in any the said actions or suits, judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment, the judgment be given against the plaintiff, that he take nothing by his plaint, writ or bill...
292 페이지 - ... a carrier is in the nature of an insurer. It is laid down that he is liable for every accident, except by the act of God, or the king's enemies.
36 페이지 - ... here was no fraud, no wrong. It was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand, before he accepted or paid it. But it was not incumbent upon the defendant to inquire into it.
240 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: Ex dolo malo non oritur actio.
510 페이지 - it shall and may be lawful to and for the landlord or landlords, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements or hereditaments held or occupied by the defendant or defendants, in an action on the case for the use and occupation of what was so held or enjoyed...
499 페이지 - As to the certainty of the law mentioned by Mr. Dunning, it would be very hard upon the profession if the law was so certain that everybody knew it; the misfortune is that it is so uncertain that it costs much money to know what it is even in the last resort.
510 페이지 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any...
143 페이지 - ... won by gaming or playing at cards, dice, tables, tennis, bowls, or other game or games...
41 페이지 - The rule has always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
36 페이지 - He made no objection to them, at the time of paying them. Whatever neglect there was, was on his side. The defendant had actual encouragement from the plaintiff...