Reports of Cases Determined at Nisi Prius: In the Courts of King's Bench and Common Pleas, and on the Home Circuit, from the Sittings After Michaelmas Term, 48 Geo. III. 1807 [to the Sittings After Hilary Term, 56 Geo. III. 1816], 2권A. Strahan, 1811 |
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acceptor action affignees afterwards againſt agreement anſwer Attornies bankers bankrupt bill of exchange bill of lading bond BOROUGH cafe captain cargo caufe cauſe Charente charter-party cheque circumftances commiffion confideration contended contract court debt declaration defendant defendant's delivered dence difhonour diſcharge drawer evidence expences faid fame fendant fent fhall fhew fhip fhould figned firſt fold fome freight ftated fuch fufficient Garrow guilty held himſelf houſe iffue indictment indorfer infifted infurance intereft jury latitat liable libel licence lofs London Lord ELLEN Lord ELLENBOROUGH Lord ELLENBOROUGH.-The Marryat ment Michaelmas muft muſt notice to quit paid parish Park party payable payment perfon plaintiff Plaintiff nonfuited plea poffeffion port prefent promiffory note promiſe prove purchaſer purpoſe queſtion reaſonable received recover refpect refuſed Riga Serjeant ſhe ſhip Sir JAMES MANSFIELD ſtated statute Surinam tenant theſe tion ufual underwriters uſe verdict Vide voyage witneſs
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42 페이지 - London, (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 order or to assigns, he or they paying freight for the said goods at 51.
522 페이지 - If the horse emits a loud noise, which is offensive to the ear, merely from a bad habit which he has contracted, or from any cause which does not interfere with his general health or muscular powers, he is still to be considered a sound horse. On the other hand, if the roaring proceeds from any disease or organic infirmity which renders him incapable of performing the usual functions of a horse, then it does constitute unsoundness.
81 페이지 - There was a difference between a contract to carry goods, and a contract to carry passengers. For the goods the carrier was answerable at all events. But he did not warrant the safety of the passengers. His undertaking as to them went no farther than this, that as far as human care and foresight could go, he would provide for their safe conveyance.
162 페이지 - If a man acknowledges the existence of a debt, barred by the statute, the law has been supposed to raise a new promise to pay it, and thus the remedy is revived." And it may be affirmed that the general current of the English as well as the American authorities conforms to this view of the operation of an acknowledgment. In Jones v.
146 페이지 - Davenport obtained a rule to shew cause why the verdict should not be set aside, and a nonsuit entered.
169 페이지 - The consideration upon which a payment made to an importunate creditor of a debt actually due has been allowed to be valid, has not been that he might resort to a suit to enforce payment, but that his demand repels the presumption that the bankrupt upon the eve of bankruptcy made a distinction among his creditors, and spontaneously favoured one of them to the prejudice of the rest.
314 페이지 - ... and in the usual and ordinary course of trade and dealing received by such person of any such bankrupt before such time as the person receiving the same shall know, understand, or have notice that he is become a bankrupt, or that he is in insolvent circumstances.
343 페이지 - The malt is not yours, after acknowledging to hold it on his account. By so doing, they attorned to him ; and I should entirely overset the security of mercantile dealings, were I now to suffer them to contest his title.
111 페이지 - I am quite clear, that this evidence from the plaintiff's books is inadmissible to prove that a bill was delivered according to the statute. I approve of the practice as to notices to quit, and I remember when the point was first ruled by Mr. Justice Wilson, who said that if a duplicate of the notice to quit was not of itself sufficient, no more ought a duplicate of the notice to produce, and thus notices might be required ad infinitum.
133 페이지 - ... which he deposes. It is allowed, that he is a competent witness; and the consequence is inevitable, that if credit is given to his evidence, it requires no confirmation from another witness.