Reports of Cases Argued and Adjudged in the Court of King's Bench: During the Time Lord Mansfield Presided in that Court; from Michaelmas Term, 30 Geo. II. 1756, to Easter Term, 12 Geo. III. 1772, Volume 5W. Clarke, 1812 |
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Page 2588
... defendant for the value of the stock . ] The declaration contained three counts - 1st . An inde- bitatus assumpsit , for £ 2000 for money lent and advanced by the plaintiffs , as assignees , to the defendant , at his request 2d ...
... defendant for the value of the stock . ] The declaration contained three counts - 1st . An inde- bitatus assumpsit , for £ 2000 for money lent and advanced by the plaintiffs , as assignees , to the defendant , at his request 2d ...
Page 2589
... defendant De- visme to the said bankrupt Mettivier upon the 5th of Oc- tober preceding , and for which the said bankrupt Metti- vier had given the defendant a note for £ 1370 : which transaction was , in the manner stated in the defendant's ...
... defendant De- visme to the said bankrupt Mettivier upon the 5th of Oc- tober preceding , and for which the said bankrupt Metti- vier had given the defendant a note for £ 1370 : which transaction was , in the manner stated in the defendant's ...
Page 2590
... defendant . This case was argued on Tuesday 6th February 1770 , by Serjeant Walker for the plaintiffs , and Mr. Wallace for the defendant . The Serjeant argued that an action for MONEY had and received by the defendant to the use of the ...
... defendant . This case was argued on Tuesday 6th February 1770 , by Serjeant Walker for the plaintiffs , and Mr. Wallace for the defendant . The Serjeant argued that an action for MONEY had and received by the defendant to the use of the ...
Page 2592
... defendant or his agent . Here , none has ( a ) . It stood over , for further argument . But Mr. Dunning , who was for the plaintiffs , did not attempt to argue it . Whereupon LORD MANSFIELD said - This is a new species of property ...
... defendant or his agent . Here , none has ( a ) . It stood over , for further argument . But Mr. Dunning , who was for the plaintiffs , did not attempt to argue it . Whereupon LORD MANSFIELD said - This is a new species of property ...
Page 2593
... defendant , not regarding his promise , & c . & c . 2d . Count , ( with the like introduction as the former , ) and that by reason of the premisses , the defendant became liable to RETRANSFER the said stock to the plaintiffs , so being ...
... defendant , not regarding his promise , & c . & c . 2d . Count , ( with the like introduction as the former , ) and that by reason of the premisses , the defendant became liable to RETRANSFER the said stock to the plaintiffs , so being ...
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Common terms and phrases
2dly 3dly 4thly act of parliament action admitted affidavit aforesaid afterwards alledged appears Archdale assigns assumpsit attorney bail bankrupt Bigby bill brought bye-law certiorari charged college or commonalty common copyhold corporation costs court Court-Leet custody debt declaration deed defendant delivered devised discharged Durn ejectment election Eliz ex dimiss executor faculty of physic granted habeas corpus heirs male holden ibid indictment infra Inhabitants insured intention intitled issue John John Fothergill John Palmer John Taylor judge judgment jury justice of peace king King's land latitat lease liable London Lord MANSFIELD mandamus mayor ment notice offence opinion paid Palmer parish person plaintiff plea pleaded possession premisses quashed quo warranto Rudsdell rule scire facias Serjeant sheriff shew cause ship statute sufficient supra surrender tenant term testator testator's thereof Thomas tion trial trover verdict Wanlip widow wife William words
Popular passages
Page 2677 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand, sue for...
Page 2803 - The counsel for the defendant moved for a rule to shew cause, why there should not be a new trial, and...
Page 9 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 2705 - Rhodes, for and during the term of her natural life, and from and after her decease, to the...
Page ix - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
Page 2744 - ... that no person within the city of London, nor within seven miles of the same, take upon him to exercise or occupy as a physician or surgeon, except he be first examined, approved, and admitted by the bishop of London, or by the dean of St. Paul's for the time being, calling to him or them, four doctors of physic, and for surgery, other expert persons in that faculty...
Page 2681 - not guilty :" and the plaintiffs obtained a verdict. The defendant's counsel (Mr. Serjeant Davy, Mr. Serjeant Burland, and Mr. Hotchkins,) moved for a new trial; objecting that the action ought to have been brought in the name of the...
Page xix - ... of the same December, came into the hands and possession of the plaintiff, for a full and valuable consideration, and in the usual course and way of his business, and without any notice or knowledge of this bank-note being taken out of the mail.