 | William Woodfall, Samuel Bealey Harrison, Henry Horn - Landlord and tenant - 1856 - 1138 pages
...N^n which the contract or promise alleged may be implied in law, and all sitmatters in confession or avoidance, including not only those by way of discharge, but those which show the transaction to be void or voidable in point of law, on the ground of fraud or otherwise, must be specially pleaded (d).... | |
 | Edmund Powell - Evidence (Law) - 1859 - 540 pages
...its vesting has not been complied with.8 " In every species of actions on contract, all matters in confession and avoidance, including not only those...of fraud or otherwise, shall be specially pleaded ; eg, infancy, coverture, release, payment, performance, illegality of consideration either by statute... | |
 | Joseph Chitty - Forms (Law) - 1859 - 892 pages
...payment, performance, illegality of consideration, &C. 3. In every species of assumpsit, all matters in confession and avoidance (¿>), including not only...be either void or voidable in point of law, on the periods, and that before the rent became due the plaintiff evicted him from the possession. Prentice... | |
 | Great Britain, Sir John Charles Frederic Sigismund Day - Civil procedure - 1861 - 586 pages
...notice of dishonour of the bill or note. 8. In every species of actions on contract, all matters in confession and avoidance, including not only those...of fraud or otherwise, shall be specially pleaded ; exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, cither... | |
 | William Selwyn - Nisi prius - 1861 - 874 pages
...risk, of the loss, or of the alleged compliance with warranties." And by Rule 8,—" All matters in confession and avoidance, including not only those by way of discharge, but those (l) Newby v. Read, 1 Bl. R. 416. (a) Crowley v. Cohen, 3 B. & Ad. 478. (u) Per Cur., Wind v. Wilkinson,... | |
 | William Selwyn - Nisi prius - 1861 - 840 pages
...post, tit. "Bills of Exchange," "Pleading." " In every species of actions on contract, all matters in confession and avoidance, including not only those by way of discharge, but r ASSUMPSIT. 131 those which show the transaction to be either void or voidable in point of law, on... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1862 - 670 pages
...established in 1834. One of those rules is in these words: "In every species of assumpsit, all matters in confession and avoidance, including not only those...of fraud or otherwise, shall be specially pleaded " Another of those rules requires that all matters in confession and avoidance shall be specially pleaded,... | |
 | Great Britain. Parliament. House of Commons - Great Britain - 1864 - 716 pages
...Confession and Defence by Avoidance, including not only those by way of Discharge, but those 'vav. of Cn°"~ which show the Transaction to be either void or voidable in point Avoidance of Law, on the ground of Fraud or otherwise, as for instance, *9 |f 8Pe" dally 5 Infancy,... | |
 | Law - 1865 - 358 pages
...court of Trinity term. 1856, is, " In every speciee of action or contract, all matters in confession or avoidance, including not only those by way of discharge,...of fraud or otherwise, shall be specially pleaded ; ezampli gratia, • infancy, coverture, release, payment, performance, illegality of consideration... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 620 pages
...behalf;"3 and " that the plaintiff, or any one on his behalf, had ever paid the premium." ' "All matters in confession and avoidance, including not only those by way of discharge, but those also which show the transaction to be either void, or voidable, in point of law, on the ground of fraud... | |
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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... 
