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, 2±ÇA. Strahan, 1807 |
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11 ÆäÀÌÁö
... determined that the plaintiff was entitled to recover in this form of action . Blackstone , J. faid : " As this is ... determine it upon plainer and more indifputable grounds , arifing from the evidence before us . The promise made by ...
... determined that the plaintiff was entitled to recover in this form of action . Blackstone , J. faid : " As this is ... determine it upon plainer and more indifputable grounds , arifing from the evidence before us . The promise made by ...
15 ÆäÀÌÁö
... . paid to the defendant , to enable him to provide for the bill . ( u ) Cowp.571 . ( w ) z Bof . & Pul , 277 . The The court of Common Pleas determined that the plaintiff was Chap . I. ] 15 Of Money Had and Received .
... . paid to the defendant , to enable him to provide for the bill . ( u ) Cowp.571 . ( w ) z Bof . & Pul , 277 . The The court of Common Pleas determined that the plaintiff was Chap . I. ] 15 Of Money Had and Received .
17 ÆäÀÌÁö
... determined , that the plaintiff could not recover upon that count . Lord Alvanley , Ch . J. in delivering the opinion of the court , faid , " On the first and fecond counts , the plaintiff is precluded from re- covering , by objections ...
... determined , that the plaintiff could not recover upon that count . Lord Alvanley , Ch . J. in delivering the opinion of the court , faid , " On the first and fecond counts , the plaintiff is precluded from re- covering , by objections ...
20 ÆäÀÌÁö
... determined . But , in the cafe of Nightingal and others , affignees of Mettivier , a Bankrupt , v.Devifme , ( c ) it was determined , that an action of inde- bitatus affumpfit for money had and received , will not lie for the ( b ) Ld ...
... determined . But , in the cafe of Nightingal and others , affignees of Mettivier , a Bankrupt , v.Devifme , ( c ) it was determined , that an action of inde- bitatus affumpfit for money had and received , will not lie for the ( b ) Ld ...
24 ÆäÀÌÁö
... determined , ( m ) that this was not a promife for the debt or default of another within the ftatute of frauds ; and that the plaintiff might recover against the defendant , as well for the breach of agreement in not providing for the ...
... determined , ( m ) that this was not a promife for the debt or default of another within the ftatute of frauds ; and that the plaintiff might recover against the defendant , as well for the breach of agreement in not providing for the ...
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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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - ... won by gaming or playing at cards, dice, tables, tennis, bowls, or other game or games...
41 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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...