Common Bench Reports: Cases Argued and Determined in the Court of Common Pleas ... 1845[-1856].William Benning and Company, 1846 |
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Page 53
... defendant afterwards , to wit , on the 1st of December , 1846 , had notice : that thereupon , in con- sideration that the plaintiffs , at the request of the de- fendant , had then paid to the defendant a certain sum of money , to wit ...
... defendant afterwards , to wit , on the 1st of December , 1846 , had notice : that thereupon , in con- sideration that the plaintiffs , at the request of the de- fendant , had then paid to the defendant a certain sum of money , to wit ...
Page 54
... defendant , ought to have paid , according to the form and effect of the said policy of insurance and his said promise and undertaking so by him made as aforesaid : yet that the defendant had disregarded his promise , & c . & c . The ...
... defendant , ought to have paid , according to the form and effect of the said policy of insurance and his said promise and undertaking so by him made as aforesaid : yet that the defendant had disregarded his promise , & c . & c . The ...
Page 132
... defendant of the other part , profert , -the plaintiffs , for the considerations therein mentioned , did demise , lease , and let unto the created , to wit , defendant , his executors , administrators , and assigns , on such a day ...
... defendant of the other part , profert , -the plaintiffs , for the considerations therein mentioned , did demise , lease , and let unto the created , to wit , defendant , his executors , administrators , and assigns , on such a day ...
Page 137
... defendant did repair , in the affirmative : but in Chitty , sen . ( c ) , it is in the negative , that the mes- suage , & c . , were not nor are , nor was nor is any part thereof , ruinous & c .: and in a note it is said " The plea to ...
... defendant did repair , in the affirmative : but in Chitty , sen . ( c ) , it is in the negative , that the mes- suage , & c . , were not nor are , nor was nor is any part thereof , ruinous & c .: and in a note it is said " The plea to ...
Page 153
... defendant to shew cause why this cause should not be tried in its order , and by a common jury , unless the defendant should cause a special jury to be summoned . It appeared that the rule for a special jury was obtained , and that the ...
... defendant to shew cause why this cause should not be tried in its order , and by a common jury , unless the defendant should cause a special jury to be summoned . It appeared that the rule for a special jury was obtained , and that the ...
Common terms and phrases
act of parliament act of union advowson aforesaid agreement alleged Amersham amount Antè Anwick assumpsit authorised behalf bill Birmingham Railway Company bottomry bound Brauncewell carriage carried carriers cause of action charge church clerk consignee contract costs county-court court covenant Cresswell damages debt declaration deed defendant delivered demurrer discharge Eastern Counties Railway entitled evidence fendant head of claim held hypothecation indenture indorsed issue Jervis judge judgment jury land last-mentioned lease liable London and Birmingham London and North London Railway Company Lord matter Maule ment mentioned North Western Railway notice opinion packages paid pany parcels parish Parker party passengers payment person plaintiff plea pleaded premises promissory note purpose question recover resp respect Robert Gardiner rule scale-bill sheriff shew ship sleepers statute statute of Anne term therein thereof tion verdict West London Railway Western Railway Company William writ
Popular passages
Page 47 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and counter-mart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandises and ship, &c., or any part thereof.
Page 758 - That all actions and proceedings which before the passing of this act might have been brought in any of her Majesty's superior Courts of record where the plaintiff dwells more than twenty miles from the defendant, or where the cause of action did not arise wholly or in some material point within the jurisdiction of the Court within which the defendant dwells or carries on his business at the time of the action brought...
Page 152 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and enter into a written agreement for that purpose, they shall, within twentyone days after the receipt of such notice, issue their warrant to the sheriff to summon a jury for settling the same in the manner herein provided...
Page 47 - And in case of any loss or misfortune, it shall be lawful to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in and about the defence, safeguard, and recovery of the said goods and merchandises, and ship, &c., or any part thereof, without prejudice to this insurance; to the charges whereof we the assurers will contribute each one according to the rate and quantity of his sum herein assured.
Page 370 - ... his knowledge or belief shall claim to be his creditors, together with the nature and amount of such debts and claims respectively, distinguishing such as shall be admitted from such as shall be disputed by such prisoner...
Page 68 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas...
Page 694 - Time; and that all Bonds, Contracts, and Assurances whatsoever, made after the Time aforesaid, for Payment of any Principal or Money to be lent or covenanted to be performed upon or for any Usury, whereupon or whereby there shall be reserved or taken above the rate of Five Pounds in the Hundred, as aforesaid, shall be utterly void...
Page 140 - ... proprietor, or other common carrier for hire from liability to answer for loss or injury to any goods or articles whatsoever arising from the felonious acts of any coachman, guard, book-keeper, porter, or other servant in his or their employ, nor to protect any such coachman, guard, book-keeper, or other servant from liability for any loss or injury occasioned by his or their own personal neglect or misconduct.
Page 325 - Years from thence next following to be fully complete and ended DURING which Term the said Apprentice his Master faithfully shall serve his secrets keep his lawful commands everywhere gladly do...
Page 105 - This case has been argued before us by counsel : we have considered it, and are of opinion...