...confession and but those which show the transaction to be either void or void- pieaded^ne-116 able in point of law, on the ground of fraud or otherwise, shall daily. be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality...

...be implied by law. The third rule enacts, that all matters in confession and avoidance, which shew the transaction to be either void or voidable in point of law, shall be specially pleaded. Now here there is an express promise, and the defendant seeks to get rid...

...dishonour of the hill Rules of or note (d). Court3. In every species of attaanpgit, all matters in confession and avoidance, including not only those...or voidable in point of law, on the ground of fraud (e) or otherwise, shall be specially pleaded. Ex. gr. Infancy — coverture — release — payment...

...such promise might be denied by a plea of non assumpsit, notwithstanding the new rules."] No. 3. — All matters of confession and avoidance, including...show the transaction to be either void or voidable, on the ground of fraud or otherwise, shall be specially pleaded, ex. gr. illegality of consideration,...

...such promise might be denied by a plea of non assumpsit, notwithstanding the new rules."] No. 3.—All matters of confession and avoidance, including not...show the transaction to be either void or voidable, on the ground of fraud or otherwise, shall be specially pleaded, ex. gr. illegality of consideration,...

...and reasonable sum in satis1841. FlLMER 1). BURNBY(n) " In every species of assumpsit. all matters in confession and avoidance, including not only those by way of discharge, but those •which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,...

...him a just and reasonable sum in satis54,5 1841. (a) "In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,...

...Hilary Term, 4 Will. 4, 1., 3, providing, that, "in every •specie? of assumpsit, all matters 1841. in confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,...

...rule (c) to be specially pleaded, " including not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise." How could a sale be confessed here? \Wiglitman J. Might not it be said (if such a plea would avail)...

...including not only those by way of satisfaction and discharge, but those which shew the transaction to be void or voidable in point of law on the ground of fraud or otherwise shall be special!; K leaded." The question is, whether this plea, giving nplied colour, does not come within...