Roscoe's Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volumes 1-2Stevens, 1884 |
From inside the book
Results 1-5 of 69
Page xiv
... loss of bill ib . wrong stamps , & c . ib . alteration . ib . failure or want of consideration 362 fraud forgery . illegality 363 364 ib . want of consideration — onus probandi illegality of consideration ; bona fides of holder ib . 365 ...
... loss of bill ib . wrong stamps , & c . ib . alteration . ib . failure or want of consideration 362 fraud forgery . illegality 363 364 ib . want of consideration — onus probandi illegality of consideration ; bona fides of holder ib . 365 ...
Page xv
... loss - perils of the sea ib . 386 ib . ib . 388 389 ib . ib . 390 by fire 393 capture ib . restraint of princes , & c . barratry 394 ib . other perils 395 proof of stranding total or partial abandonment proof of amount of loss - adjustment ...
... loss - perils of the sea ib . 386 ib . ib . 388 389 ib . ib . 390 by fire 393 capture ib . restraint of princes , & c . barratry 394 ib . other perils 395 proof of stranding total or partial abandonment proof of amount of loss - adjustment ...
Page xvi
... loss ib . insurance against accidents to chattels Action on contract of affreightment 414 415 bill of lading shipowner against charterer or merchant demurrage freight and damages pro rata lien for freight , & c . ib . 418 compliance ...
... loss ib . insurance against accidents to chattels Action on contract of affreightment 414 415 bill of lading shipowner against charterer or merchant demurrage freight and damages pro rata lien for freight , & c . ib . 418 compliance ...
Page xix
... loss of , or injury to , goods . for refusing to carry who are common carriers . PAGE 559 ib . 560 ib . ib . the common law liability and implied contract of a common carrier 561 evidence of the contract Carriers Act , 11 Geo . 4 & 1 ...
... loss of , or injury to , goods . for refusing to carry who are common carriers . PAGE 559 ib . 560 ib . ib . the common law liability and implied contract of a common carrier 561 evidence of the contract Carriers Act , 11 Geo . 4 & 1 ...
Page xxiv
... loss of service 836 damages , evidence in aggravation ib . evidence of character 837 costs ib . defence ib . damages - evidence in mitigation ib . Action for assault and battery evidence of the assault liability of the defendant 838 ib ...
... loss of service 836 damages , evidence in aggravation ib . evidence of character 837 costs ib . defence ib . damages - evidence in mitigation ib . Action for assault and battery evidence of the assault liability of the defendant 838 ib ...
Contents
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Common terms and phrases
action admissible in evidence admitted affidavit agreement answer ante Att.-Gen attesting witness Bank bill bill of exchange Bing Camp certified Chancery cited post claim clerk Commissioners common law contract court cross-examination custody Davies deceased declarations Declarations against Interest deed defendant defendant's depositions document Doe d East entry estoppel Ex pte examined copy Exch execution fact handwriting held inadmissible indorsed instrument issue Jones judge judgment judicial notice jury land lease letter Lord M'Intosh manor marriage ment Nisi Prius notice to produce office copies oral evidence parish particular party payment Peerage person plaintiff pleadings presumed presumption probate proceedings proof proved purporting question receipt record rule seal secondary evidence sect signature signed Smith solicitor stamp Stamp Act Stark stat statement statute Statute of Frauds sufficient suit supra testator thereof Toleman trial Vict vide post
Popular passages
Page 470 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 471 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 90 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear...
Page 471 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 324 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 323 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him, is conclusively presumed.
Page 323 - ... within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up...
Page 555 - ... at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which...
Page 74 - ... the cause or matter may be, unless at the trial or hearing the court or a judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Page 332 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.