Pyke's Reports of Cases Argued and Determined in the Court of King's Bench for the District of Quebec in the Province of Lower Canada: In Hilary Term, in the Fiftieth Year of the Reign of George III.1811 - Law reports, digests, etc - 77 pages |
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Page 34
... perform ; among which is the act of licitation , which must , as well as the rest , be complete , and therefore must be perfected by the usual method of terminating the period for bidding , by the fall of the hammer , or by some act ...
... perform ; among which is the act of licitation , which must , as well as the rest , be complete , and therefore must be perfected by the usual method of terminating the period for bidding , by the fall of the hammer , or by some act ...
Page 38
... perform it . They have not however instituted a cross demande , for the da- mages which they suffered by the non ... performed by the plaintiff for the defendant , and by him accepted , for which , no other than the plaintiff was ...
... perform it . They have not however instituted a cross demande , for the da- mages which they suffered by the non ... performed by the plaintiff for the defendant , and by him accepted , for which , no other than the plaintiff was ...
Page 40
... performed their agreement and had in ception peremp - fact delivered 54,904 feet of Pine & 6700 Staves , & c . but that the defendant had not paid , wherefore they prayed judgment for £ 3027 , with interest and costs . To this ...
... performed their agreement and had in ception peremp - fact delivered 54,904 feet of Pine & 6700 Staves , & c . but that the defendant had not paid , wherefore they prayed judgment for £ 3027 , with interest and costs . To this ...
Page 63
... perform and fulfill all he was bound to perform and fulfill , and had tendered and offered a legal bill of sale of the said Brig , and was then ready and willing to execute the same in favor of the defendant , and de- liver to him the ...
... perform and fulfill all he was bound to perform and fulfill , and had tendered and offered a legal bill of sale of the said Brig , and was then ready and willing to execute the same in favor of the defendant , and de- liver to him the ...
Page 71
... performed at the same time . Then , what is the title which has been tendered ? It is a deed , purporting to be a conveyance by Mr. Burns , the Auctioneer , and by Mr. Hamilton , the con- signee of the Ship , to the defendant ; But it ...
... performed at the same time . Then , what is the title which has been tendered ? It is a deed , purporting to be a conveyance by Mr. Burns , the Auctioneer , and by Mr. Hamilton , the con- signee of the Ship , to the defendant ; But it ...
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Common terms and phrases
2dly Adjudicataire agreement alleged assumpsit averment bill of sale BLACKWOOD Intervg Bonenfant bound to answer Bowen brevet Brigantine BURNS against HART cause of action certificate of Registry claration Coal Code Civile contended contract Court Court of Vice-Admiralty Curiam declaration defendant Défense au fonds delivered Dunn enchere exception peremptoire execution fendant Fieri Facias filed Fins fonds en fait FORBES against ATKINSON highest bidder hull issue judgment Juges Consuls Juges et Consuls jurisdiction Jury L. C. Denizart last and highest law of Canada law of France Lower Canada malt marchands MEIKLEJOHN ment mercantile nature merchants Notary nulla bona opposition Ordinance parties peremptoire en droit Pigeau plaintiff plaintiff's demande pleading Pothier POZER premisses procéder Proux Prov qu'il Quebec Repertoire Rules and Orders rules of evidence setforth SEWELL Sheriff shew ship Statute suit tender tiff tion trader Verbo verdict vessel vingt cinq writ
Popular passages
Page 12 - In proof of all facts concerning commercial matters, recourse shall be had, in all the courts of civil jurisdiction in this province, to the rules of evidence laid down by the laws of England.
Page 9 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 9 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 4 - Pleas, grounded on debts, promises, contracts and agreements of a mercantile nature only, between Merchant and Merchant, and Trader and Trader, so reputed and understood, according to law, and also of personal wrongs, proper to be compensated in damages, may, at the option and choice of either party, have and obtain the trial and verdict of a Jury, as well for the assessment of damages on personal wrongs committed, as the determination of matters of fact in any such cause.
Page 42 - The matters which constitute the demande and the defense, in any case, are respectively setforth in the pleadings of the parties, which vary, according to the grounds upon which they are made, and the objects they are designed to attain. Pleading, therefore is the statement of the facts which constitute the plaintiff,s cause of action, or the defendant's ground of defence, exhibited in writing in technical form.
Page 10 - Canadians or new Subjects; the Jury shall be composed of an equal number of each, if such be required by either of the Parties in any of the above mentioned Instances.
Page 44 - ... still what is omitted in the conclusions cannot be supplied by the court, not even if it appears in substance in the body, or libel, of the pleading, (m) The declaration is the first pleading in every case.
Page 73 - Form hereinafter expressed, and shall be signed by the Person or Persons transferring the Property of the said Ship or Vessel by Sale or Contract, or Agreement for Sale...
Page 29 - ... out-houses, with two bearing orchards on the premises aforesaid. Now this is to give notice, that the houseing, mills, lands, &c. will be exposed to sale, by way of publick vendue, on Monday the twenty-third day of April next; on the premises aforesaid, between the hours of twelve and five in the afternoon, at which time and place the conditions of sale will be made known, by me JOHN TAYLOR, Sheriff.
Page 4 - ... merchants or traders, and the subject matter grounded on debts, promises, contracts, and agreements, of a mercantile nature only...