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 3W. Clarke, 1812 |
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Page 1241
... opinion . [ 1241 ] It is most equitable , that the defendant should only retain the premium for such part of the voyage as he has run the risque of . The insured has a right to have the other part restored to him . And this is agreeable ...
... opinion . [ 1241 ] It is most equitable , that the defendant should only retain the premium for such part of the voyage as he has run the risque of . The insured has a right to have the other part restored to him . And this is agreeable ...
Page 1242
... opinion of the court and if the court should be of opinion " that it " was admissible , " then the verdict ( which was found for the plaintiff ) was to stand ; otherwise the plaintiff to be nonsuited . Mr. Morton on behalf of the ...
... opinion of the court and if the court should be of opinion " that it " was admissible , " then the verdict ( which was found for the plaintiff ) was to stand ; otherwise the plaintiff to be nonsuited . Mr. Morton on behalf of the ...
Page 1254
... opinion . There are three grounds , any one of which , if made [ 3 Brown , out , is sufficient to support this verdict . If the instru- 159. ] ment of 1745 was forged ; if it was obtained by fraud and imposition , though not forged ; or ...
... opinion . There are three grounds , any one of which , if made [ 3 Brown , out , is sufficient to support this verdict . If the instru- 159. ] ment of 1745 was forged ; if it was obtained by fraud and imposition , though not forged ; or ...
Page 1263
... opinion with his lordship . So also did Mr. Justice FOSTER and : Mr. Justice WILMOT continued of the same opinion he was at the time of the trial . He said , he would only now add , that he had looked a good deal into the nature of the ...
... opinion with his lordship . So also did Mr. Justice FOSTER and : Mr. Justice WILMOT continued of the same opinion he was at the time of the trial . He said , he would only now add , that he had looked a good deal into the nature of the ...
Page 1270
... opinion , when a trial was proposed to them , that a mandamus ought to issue , in case of a refusal . Their answer ought to be put into the rule , as prefa- tory to it and I do this , with a view that their refusal may be authentically ...
... opinion , when a trial was proposed to them , that a mandamus ought to issue , in case of a refusal . Their answer ought to be put into the rule , as prefa- tory to it and I do this , with a view that their refusal may be authentically ...
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Common terms and phrases
2dly act of parliament action admitted affidavit aforesaid alledged appears argued assumpsit bail Bettenham bill brought bye-law charged cited common law corporation costs counsel court court-leet covenant custom debt declaration defendant devise discharged Durn election Eliz evidence ex dimiss executor feoffment give given grant heirs holden indictment infant insured intention intitled issue John John Clymer judges judgment jury justice of peace Justice WILMOT land landlord latitat Leach lease lessor liable Lord MANSFIELD mandamus manor matter mayor ment mentioned objection offence opinion parish party penalty person Peter Marchant plaintiff plaintiff in error plea pleaded premises present prosecutor proved quashed question quo warranto Raym reason REX versus rule seised Serjeant shew cause ship Sir Fletcher Norton Sir J. S. statute tenant term testator Thomas tion tithes trespass trial verdict void vote warrant wharf William words writ of error
Popular passages
Page 1266 - It was introduced to prevent disorder from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Page 1895 - The reason of the rule, which obliges the parties to disclose, is to prevent fraud, and encourage good faith, it is adapted to such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect. The question, therefore, must always be, " whether there was, under all the circumstances, at the time the policy was underwritten, a fair statement, or a concealment : fraudulent, if designed, or, though not designed, varying materially the...
Page 1893 - The keeping back such circumstance is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the under-writer is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.
Page 1789 - all such gifts, grants or deeds made by infants, which do not take effect by delivery of his hand, are void ; but all gifts, grants or deeds made by infants, by matter in deed or in writing, which do take effect by delivery of his hand are voidable, by himself, by his heirs and by those who have his estate.
Page 1332 - Election ; or if any person by himself, or any person employed by him, doth or shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure any person or persons to give his or their vote or votes, or to forbear to give his or their vote or votes, in any such Election...
Page 1660 - Hodiemi mores are such, that the old notion about the nudum pactum is not strictly observed as a rule. On a question of this nature, Whether by the law of nations such an engagement as this shall bind ? the law is to judge. The true reason why the acceptance of a bill of exchange shall bind, is not on account of the acceptor's having or being supposed to have effects in hand, but for the convenience of trade and commerce. Fides est servanda.
Page 1476 - All that is new in this act, is the clause which gives a summary jurisdiction for the punishment of the infractors of this law. The act of Parliament was made upon occasion of the Czar's ambassador being arrested. If proper application had been immediately made for his discharge from the arrest, the matter might and doubtless would have been set right. Instead of that, bail was put in, before any complaint was made.
Page 1281 - Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Page 1902 - D'Estaigne being piloted by the Dutch, delivering the fort to the Dutch, and sending the prisoners to Batavia, is a confirmation of those grounds. And probably, the loss of the place was owing to the Dutch. The French could not have got up the river without Dutch pilots : and it is plain, the whole was concerted with them. And yet, at the time of underwriting the policy, there was no intimation about the Dutch. The reason why the counsel have not objected to his not disclosing the grounds of this...
Page 1895 - The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract ; which one privately knows, and the other is ignorant of, and has no reason to suspect.