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 36
... contract is such a complete violation of the general law of the country , that the assured cannot recover back his premium , still that prin- ciple cannot govern the present case . The loading the cargo insured at Calcutta by the ...
... contract is such a complete violation of the general law of the country , that the assured cannot recover back his premium , still that prin- ciple cannot govern the present case . The loading the cargo insured at Calcutta by the ...
Page 37
... contract was at- tempted to be rescinded , and the distinction sometimes taken between contracts executory and executed will not help the Plaintiffs ' claim . The cases of Lowry v . Bourdieu , Doug . 468 . and Andrée v . Fletcher , 3 ...
... contract was at- tempted to be rescinded , and the distinction sometimes taken between contracts executory and executed will not help the Plaintiffs ' claim . The cases of Lowry v . Bourdieu , Doug . 468 . and Andrée v . Fletcher , 3 ...
Page 38
... contracts had been considerably shaken ; and the principle which I think must now be extracted from the cases upon this ... contract . The case of Andrée v . Fletcher is a very strong authority , for there it was holden that a foreigner ...
... contracts had been considerably shaken ; and the principle which I think must now be extracted from the cases upon this ... contract . The case of Andrée v . Fletcher is a very strong authority , for there it was holden that a foreigner ...
Page 39
... contract neither party can re- cover from the other money paid upon that contract : and that rule must prevail in the present case unless the Plaintiff's can establish a distinction in their own favour on the ground of being foreigners ...
... contract neither party can re- cover from the other money paid upon that contract : and that rule must prevail in the present case unless the Plaintiff's can establish a distinction in their own favour on the ground of being foreigners ...
Page 44
... contract . If then the property in the goods . vested in Negretti and Co. by delivery to the Defendant , a por- tion of their legal right vested in the Defendant , and which will be sufficient to countervail the equitable right of the ...
... contract . If then the property in the goods . vested in Negretti and Co. by delivery to the Defendant , a por- tion of their legal right vested in the Defendant , and which will be sufficient to countervail the equitable right of the ...
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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?