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 9
... judgments which would follow , viz . a judgment de bonis testatoris , and a judgment de bonis propriis ; and insisted , that though he cannot sue on two such causes of action in the same declaration , where in either case the fruits of ...
... judgments which would follow , viz . a judgment de bonis testatoris , and a judgment de bonis propriis ; and insisted , that though he cannot sue on two such causes of action in the same declaration , where in either case the fruits of ...
Page 35
... judgment ought to be given in his favour . Judgment for the Plaintiff . MORCK and Another v . ABEL . THIS HIS was an action on a policy of insurance effected on the 26th July 1797 on goods on board the Juliana Maria , war- ranted Danish ...
... judgment ought to be given in his favour . Judgment for the Plaintiff . MORCK and Another v . ABEL . THIS HIS was an action on a policy of insurance effected on the 26th July 1797 on goods on board the Juliana Maria , war- ranted Danish ...
Page 55
... judgment in this case should be given for the Plaintiffs . As to the rejection of the evidence the only use that could have been made of that evidence would have been to prove that as against the consignee the carrier had a lien . Judgment ...
... judgment in this case should be given for the Plaintiffs . As to the rejection of the evidence the only use that could have been made of that evidence would have been to prove that as against the consignee the carrier had a lien . Judgment ...
Page 85
... judgment by observing , " This was a cargo of molasses belonging to the plaintiff . " The substratum and foundation of the insurance therefore was not a bare expectation of interest in a subject with which at the time of affecting the ...
... judgment by observing , " This was a cargo of molasses belonging to the plaintiff . " The substratum and foundation of the insurance therefore was not a bare expectation of interest in a subject with which at the time of affecting the ...
Page 92
... judgment debt . The course of argument pursued by those learned Judges who thought the judgment of the Court of King's Bench ought to be affirmed , was as follows : Upon Upon this writ of error two exceptions are stated to 92 CASES IN ...
... judgment debt . The course of argument pursued by those learned Judges who thought the judgment of the Court of King's Bench ought to be affirmed , was as follows : Upon Upon this writ of error two exceptions are stated to 92 CASES IN ...
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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?