Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: From Easter Term, 36 Geo. III. 1796, to [Hilary Term 44 Geo. III. 1804] ... Both Inclusive: with Tables of the Cases and Principal Matters, Volume 3Oliver D. Cooke, 1826 - Law reports, digests, etc |
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Page 7
... bound under the provisions of the Bank act to negative any tender to such person . But The Court were of opinion , that the first objection was , completely answered by the cases referred to , particularly that of M'Master v . Kell ...
... bound under the provisions of the Bank act to negative any tender to such person . But The Court were of opinion , that the first objection was , completely answered by the cases referred to , particularly that of M'Master v . Kell ...
Page 46
... bound to deliver them and was liable , as Lord Kenyon very properly determined , to an action of trover if he did not deliver them . Though no act of seizure ensue , yet if tender be made of the sum due for the carriage , the person ...
... bound to deliver them and was liable , as Lord Kenyon very properly determined , to an action of trover if he did not deliver them . Though no act of seizure ensue , yet if tender be made of the sum due for the carriage , the person ...
Page 48
... bound to take all goods to be carried for a reasonable price ten- dered to them may impose such a condition ' upon persons send- ing goods by them . Then the single question in this case is , whether a stipulation between the consignees ...
... bound to take all goods to be carried for a reasonable price ten- dered to them may impose such a condition ' upon persons send- ing goods by them . Then the single question in this case is , whether a stipulation between the consignees ...
Page 50
... bound to take notice of it . Supposing it therefore to be any right at all , it is a right founded only upon5 this sort of special agreement . If indeed it was a claim founded upon general principles of universal justice , it ought to ...
... bound to take notice of it . Supposing it therefore to be any right at all , it is a right founded only upon5 this sort of special agreement . If indeed it was a claim founded upon general principles of universal justice , it ought to ...
Page 51
... bound to carry at all events , and the law gives him a special lien upon the goods , If the consignee is in arrear with the carrier , it is the carrier's own laches . Why then is he to engraft this new lien upon his own laches ? However ...
... bound to carry at all events , and the law gives him a special lien upon the goods , If the consignee is in arrear with the carrier , it is the carrier's own laches . Why then is he to engraft this new lien upon his own laches ? However ...
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Common terms and phrases
act of parliament action aforesaid agreement alleged American bottom appears apply assignment assumpsit assured attorney bail bankrupt Best Serjt bills of lading capture cargo CHAMBRE circumstances claim command condemnation considered consignee contended contrà contract count Court of Chancery court of equity covenant creditors debt declaration Defendant Defendant's devise discharged East effect embargo entered entitled evidence execution executor fendant flag officer freight given Greatham ground heirs insured issue judgment jury King King's Bench latter liable lien London Lord ALVANLEY Ch Lord Kenyon Lord Mansfield Lord NELSON master ment nonsuit notice opinion owner paid parties payment person Plaintiff Plaintiff in error plea pleaded port premises present prize proceeded proclamation proof question received recover respect rule sentence sheriff shewed cause ship statute taken testator thereof tiff tion trust underwriters verdict vessels voyage wages warrant words writ
Popular passages
Page 334 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 246 - P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law ; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 217 - ... and before the said time when, &c. to wit, on the day and year last aforesaid...
Page 434 - This case has been argued before us, and we are of opinion that the...
Page 27 - WILLIAM, by Divine Providence Archbishop of Canterbury, Primate of all England and Metropolitan, most earnestly commend to your brotherly love the Right Rev.
Page 308 - ... shall be pleaded or given in evidence in any Court, or admitted in any Court to be good, useful or available in law or equity...
Page 186 - Defendant was to make such application ; but if the Court should be of opinion that the Plaintiff was not entitled to recover, and...
Page 16 - their heirs and assigns upon trust, that they or the survivor of them, or the heirs or assigns of such survivor...
Page 105 - ... such offender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master otherwise than by the actual possession of his clerk, servant, or other person so employed...
Page 186 - The question for the opinion of the Court was, Whether the plaintiff was entitled to recover in this action?