 | William Selwyn - 1812 - 700 pages
...the bargain, the plaintiff transferring stock, Holt CJ said, ' if either party would sue upon this agreement, the plaintiff for not paying, or the defendant...the one must aver and prove a transfer or a tender;" he did not say, that the not doing it should come from the defendant by way of excuse, but that the... | |
 | New Jersey. Supreme Court - 1829 - 492 pages
...the hargain, the plaintiff transferring stock, Lord Holt said, " if either party would sue on this agreement, the plaintiff for not paying, or the defendant...aver and prove a transfer or a tender, and the other a payment or a tender." In Parker v. Parmele, 20 John. 130, the vendor sued on a covenant for sale... | |
 | Thomas Platt - 1829 - 720 pages
...to transfer the stock, the defendant paying &c. Holt, CJ said, If either party would sue upon this agreement, the plaintiff for not paying, or the defendant for not transferring, the one must (t) Merrit v. Rane, 1 Stra. over to him, &c.: in Viner, they 458. Turner v. Goodwin, Fort, are, upon... | |
 | Charles Petersdorff - 1830 - 566 pages
...¡n ,.опч()ег ant paying, Stc. Holt, CJ said, that if either party would sue upon theationofaq agreement, the plaintiff for not paying, or the defendant for not transferring, oilier und the one must aver and prove a transfer or tender, and the other payment or '''«re »те... | |
 | Henry Keyser - 1850 - 384 pages
...Gray, Sayer, 187. d Salk. 113; Holt, 663. c 1 Lutwyche, 249; same case, Ld. Raym. 662 : Salk. 171. transferring, the one must aver and prove a transfer or a tender, and the other a payment or a tender for transferring, as the first bargain was a condition precedent; and though... | |
 | Richard Morris (of Middle Temple.), William Francis Finlason - 1852 - 624 pages
...the not deciding of a case on any point not shown to be the most material (b) . And there are few ant paying, &c., it was held by Holt, CJ, that if either...a transfer or a tender and refusal within the six months (Callonel v. Briggs, 1 Salk. 112). In all these cases surely the substance was that there was... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 pages
...transfer the stock, the defendant paying, ifec. Et per Holt, Ch. J. " If either party would sue npon this agreement, the plaintiff for not paying, or the defendant...transferring, the one must aver and prove a transfer or a tenVan Schaick v. Winne. der, and the other, a payment or a tender." Chitty also says, " Where the... | |
 | 1876 - 668 pages
...obtained ngainst him. (I.inter v. Jewett, 11 NY 450.) If cither party would sue upon this agreeni"nt, the plaintiff for not paying or the defendant for not transferring, the one mu.-st aver or prove a transfer and the other a payment or a tender. (Payne v. Lansing, 2 Wen. 525.) The acts would,... | |
 | 1889 - 1064 pages
...offer made by him to assign the judgment. The court held that, if either party would sue upon this agreement, — the plaintiff for not paying, or the...transferring, — the one must aver and prove a transfer or v.3x.Ysno.5 — 18 tender, and the other a payment or tender. Berringer v. \\'enge>iroth, 6 Hun, 531.... | |
 | Theodore Connoly - 1890 - 634 pages
...offer made by him to assign the judgment. The court held that, if either party would sue upon this agreement, the plaintiff for not paying or the defendant...transferring, the one must aver and prove a transfer or tender, and the other a payment or tender. Berringer v. Wengenroth, 6 Hun, 531. MATTER OF SOULE. Both... | |
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If either party would sue upon this agreement, the plaintiff for not paying, or the defendant for not transferring, the one must aver and prove a transfer or a tender... 
