Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].S. Sweet, 1835 |
From inside the book
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Page 5
... circumstances , and executed : -Held , that the defendant might recover the amount in an action against the surviving partners for money had and received to her use . 1834 . MARSH v . KEATING . had and received 4 & 5 WILL . IV . 5.
... circumstances , and executed : -Held , that the defendant might recover the amount in an action against the surviving partners for money had and received to her use . 1834 . MARSH v . KEATING . had and received 4 & 5 WILL . IV . 5.
Page 21
... circumstances stated in the special verdict , be considered as money had and received by the surviving partners to the use of the plaintiff below , and be recovered by her in that form of action . And , after hearing the argument at ...
... circumstances stated in the special verdict , be considered as money had and received by the surviving partners to the use of the plaintiff below , and be recovered by her in that form of action . And , after hearing the argument at ...
Page 22
... circumstances stated in the special verdict , we are of opinion that the plaintiff below is at liberty to abandon and give up all claim to her former stock so standing in her name , and to sue for the money produced by the sale of such ...
... circumstances stated in the special verdict , we are of opinion that the plaintiff below is at liberty to abandon and give up all claim to her former stock so standing in her name , and to sue for the money produced by the sale of such ...
Page 24
... circumstances of this case . The general proposition , that , where a party who has been injured has different remedies against different persons , he may elect which of them he will pursue , is not called in question . If the goods of ...
... circumstances of this case . The general proposition , that , where a party who has been injured has different remedies against different persons , he may elect which of them he will pursue , is not called in question . If the goods of ...
Page 27
... circumstances . The house of Marsh & Co. might have drawn the whole of the balance into their own hands . If the same money had been paid into Marsh & Co.'s as the produce of the plaintiff's stock sold under a genuine power of attorney ...
... circumstances . The house of Marsh & Co. might have drawn the whole of the balance into their own hands . If the same money had been paid into Marsh & Co.'s as the produce of the plaintiff's stock sold under a genuine power of attorney ...
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Cases in the Court of Common Pleas and Exchequer Chamber John Scott,Great Britain Court of Exchequer No preview available - 2015 |
Common terms and phrases
action affidavit aforesaid afterwards agreement alleged annuity appears assignment assumpsit attorney bail bankrupt bankruptcy Bepton bill of exchange borough charged common consideration contract costs count court covenant creditor damages dant debt declaration mentioned deed defendant's delivered demand demised demurrer discharged entered entitled evidence execution executors fendant freight ground heirs held Henry Fauntleroy Hilary Term indenture indorsed insolvent intended issue judge judgment jury land lease liable Lord Chief Justice Lord Ellenborough LYME REGIS Manley Marsh Mary Mary Pickering ment Mostyn nonsuit notice obtained a rule opinion Oporto paid parties payable payment person Pickering plaintiff possession premises present purchaser question received recover rent rent-charge replication respect Serjeant Serjeant Talfourd set-off sheriff shew cause ship Sir Roger Mostyn Slatter sold statute sufficient tenant testator thereof Thomas Pickering tiff tion trial trustees verdict warrant Woolbeding writ
Popular passages
Page 395 - ... in any such action the defendant may plead the general issue, and give this act and the special matter in evidence, at any trial to bc had thereupon ; and no plaintiff...
Page 230 - Canterbury, and his assigns, for and during the term of his natural life, without impeachment of or for any manner of waste...
Page 323 - Officer as aforesaid, taking any such Bond, shall at the Request and Costs of the Avowant or Person making Conuzance assign such Bond to the Avowant or Person aforesaid, by indorsing the same, and attesting it under his Hand and Seal in the Presence of Two or more credible Witnesses...
Page 490 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 396 - ... shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases...
Page 574 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 700 - Act empowered to make of freehold land. (2.) The licence may fix the annual value whereon fines, fees, or other customary payments are to be assessed, or the amount of those fines, fees, or payments. (3.) The licence shall be entered on the court rolls of the manor, of which entry a certificate in writing of the steward shall be sufficient evidence.
Page 324 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor, by three or four credible witnesses) or else they shall be utterly void and of none effect.
Page 622 - In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded.
Page 627 - Judgment according as the very Right of the Cause and Matter in Law shall appear unto them...