 | John Barnard Byles - Negotiable instruments - 1853 - 664 pages
...dishonour of the bill or note ; and all matters in confession and avoidance must be specially pleaded, including, not only those by way of discharge, but...point of law, on the ground of fraud or otherwise, ex gr., infancy, coverture, release, payment, performance, illegality of consideration, either by statute... | |
 | Henry Thurstan Holland - Procedure (Law) - 1853 - 408 pages
...Timmis v. Platt, 2 M. &W. 720, per Parks, B. 8. In every species of actions on contract, all matters in confession and avoidance, including not only those...transaction to be either void or voidable in point of law (a), on the ground of fraud or otherwise, shall be specially pleaded ; ex. gr. infancy, coverture,... | |
 | Law - 1853 - 556 pages
...contract, all matters in confession and avoidance, including not only those by way of discharge, hut those which show the transaction to be either void...of fraud or otherwise, shall be specially pleaded ; exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, either... | |
 | Law - 1854 - 836 pages
...all matters of confession or avoidance, including not only those by way of discharge, but those that show the transaction to be either void or voidable...of fraud or otherwise, shall be specially pleaded, eg infancy, coverture, release, payment, performance, illegality of consideration either by Statute... | |
 | George Atkinson - Bailiffs - 1854 - 360 pages
...facts which make such receipt by the defendant a receipt to the use of the plaintifF. k All matters in confession and avoidance, including not only those...discharge, but those which show the transaction to be a Rex v. Leilh, supra. b Fair v. M'lver, 16 Enst, 130. c See Wilkins v. Carmicliad, Doug). 101; Birdwood... | |
 | George Atkinson - Insurance law - 1854 - 412 pages
...of making the express contract or agreement alleged ; and all matters in confession and avoidance, not only those by way of discharge but those which show the transaction to be void or voidable in point of law, as fraud, unseaworthiness, misrepresentation, concealment, alteration,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1854 - 814 pages
...Actions, I. Assump- I sit, s. 3, 5 B. & Ad. viii. : "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," — " shall be specially pleaded.... | |
 | Law - 1854 - 572 pages
...notice of dishonour of the bill or note. 8. In every species of actions on contract all mattere 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,... | |
 | William Francis Finlason - Civil procedure - 1855 - 668 pages
...by way of dis- K;£j', *?' ^' charge, but those which show the transaction to be either void r 3 ' or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded; exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, either... | |
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In every species of actions on contract, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of Law, on the ground of fraud or otherwise, shall... 
