A Digest of the Laws of England, Volume 4A. Strahan, 1822 - Digests, etc |
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Page 66
... promise to be an- swerable , is nudum pactum . 3 T. R. 757 . 12. A receipt given by the creditor to an agent or broker , does not necessarily of itself operate as a discharge to the principal ; nor has it that effect , unless the ...
... promise to be an- swerable , is nudum pactum . 3 T. R. 757 . 12. A receipt given by the creditor to an agent or broker , does not necessarily of itself operate as a discharge to the principal ; nor has it that effect , unless the ...
Page 84
... M. & S. 303 . 29. The last case , however , seems to warrant the following position : -The law will not raise an implied promise where there is an express agreement between the parties , [ ( E 3. b . ) Demurage . ] 84 MERCHANT .
... M. & S. 303 . 29. The last case , however , seems to warrant the following position : -The law will not raise an implied promise where there is an express agreement between the parties , [ ( E 3. b . ) Demurage . ] 84 MERCHANT .
Page 114
... such notes , whereby he promises to pay to any or order , or to bearer , any sum of money , the same shall be construed to be due to him to whom made payable . And And such note payable to any or order , shall 114 MERCHANT .
... such notes , whereby he promises to pay to any or order , or to bearer , any sum of money , the same shall be construed to be due to him to whom made payable . And And such note payable to any or order , shall 114 MERCHANT .
Page 117
... promise to pay money . If the payment is to be defeated upon a contingency , the note is not a promissory - note ; as a note promising to pay a sum certain , being the amount of the purchase - money , for a quantity of fir belonging to ...
... promise to pay money . If the payment is to be defeated upon a contingency , the note is not a promissory - note ; as a note promising to pay a sum certain , being the amount of the purchase - money , for a quantity of fir belonging to ...
Page 119
... promise to pay . 7 East . 321 . The jury may presume that it has been properly presented , that notice has been duly given , and that a protest ( where necessary ) has been made . And such presumption may be made , though the promise ...
... promise to pay . 7 East . 321 . The jury may presume that it has been properly presented , that notice has been duly given , and that a protest ( where necessary ) has been made . And such presumption may be made , though the promise ...
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Common terms and phrases
acceptance acceptor act of parliament action afterwards agent agreement appointed assignment assumpsit attorney barratry bill of exchange bill of lading broker Camp cargo chancery charter charter-party common common law contract court covenant creditor debt declaration deed defendant delivered discharge dishonour Dougl drawer East election entitled evidence execution freight given grant held Holt Ibid indictment indorsed Inst judgment justice JUSTICES OF PEACE king king's land lease liable lien London lords loss mandamus master non est factum notice owner paid parcener pardon Parl parliament partner partnership party patent payable payment Peake person plaintiff pleaded port promise prove purchaser Quære received recover scire facias Seld Semb Semble sheriff ship Starkie statute statute of frauds sufficient Taunt tenant underwriters unless usurious Vide post void voyage warrant witness writ
Popular passages
Page 278 - That the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament.
Page 183 - There is a difference between covenants in general, and covenants secured by a penalty or forfeiture. In the latter case the obligee has his election. He may either bring an action of debt for the penalty...
Page 249 - That no person who has an office or place of profit under the King, or receives a pension from the crown, shall be capable of serving as a member of the house of commons.
Page 395 - There, in an action by the indorsee of a bill of exchange against the acceptor...
Page 96 - Subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 445 - Keb., 115, 132, which was an action by the indorsee against the drawer of a bill of exchange. 'The...
Page 350 - ... out the whole as the invention of the patentee. But, if a combination of a certain number of those parts have previously existed up to a certain point, in former machines, the patentee merely adding other combinations, the specification should only state such improvements; though.the effect produced be different throughout 2 Mars.211.
Page 519 - Officer, cause the same to be levied by Distress and Sale of the Offender's Goods and Chattels...
Page 496 - Action may plead the General Issue and give the special Matter in Evidence...
Page 101 - ... touch and stay at any ports or places whatsoever, as well on this side as on the other side of the Cape of Good Hope, without being deemed a deviation.