Reports of Cases Argued and Determined in the Court of Common Pleas: And the Court of Exchequer Chamber on Appeal from the Court of Common Pleas, Volume 50 |
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Common terms and phrases
26 Vict action aforesaid agent agreed agreement amount annuity architect attainted authority Bankruptcy barratry barrister bill of lading bills of exchange BULLEN Bushbury Byles cargo carried cause charter-party claim clause consignee contract Court creditors damage debt debtor decision deed Defendant Defendant's delivered delivery Devonport discharged duty Edgell entitled Erle evidence fact fendant Fenn given held horses House of Lords indorsed intended Judge judgment jury KEATING land liable lighter London Lord Lord Cranworth Lord Dalhousie loss marriage matter ment negligence notice opinion owner paid parties partner partnership payment person Plaintiff plea pleaded premises profits question Railway Company reason received referred Resp respect rule sect Sharp junior Sharp the younger ship ship-owner Skillett Smith stat statute Statute of Frauds SURANCE thereof threshing machines tion trial trustees verdict WEYMOUTH wharf William Sharp words
Popular passages
Page 800 - ... the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, during the said voyage, always excepted). The freight to be paid on unloading, and right delivery of the cargo...
Page 848 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 160 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 110 - This, no doubt, is in general a sufficiently accurate test, for a right to participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim.
Page 157 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void.
Page 801 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.
Page 799 - ... a full and complete cargo of , not exceeding what she can reasonably stow, and carry over and above her tackle, apparel, provisions and furniture...
Page 801 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 697 - That the said ship being tight, staunch and strong, and every way fitted for the voyage...
Page 160 - WHEREAS by the Custom of Merchants a Bill of Lading of Goods being transferable by Endorsement the Property in the Goods may thereby pass to the Endorsee, but nevertheless all Rights in respect of the Contract contained in the Bill of Lading continue in the original Shipper or owner, and it is expedient that such Rights should pass with the Property...