A Digest of the Law of Evidence on the Trial of Actions at Nisi PriusW. Benning, 1844 - 832 páginas |
Dentro del libro
Resultados 1-5 de 100
Página 12
... contract between plaintiff and B. , parol evidence is admissible in behalf of the plaintiff , to show that the contract was in fact , though not in form , made by B. , not on his own account , but as agent of defendant . Wilson v . Hart ...
... contract between plaintiff and B. , parol evidence is admissible in behalf of the plaintiff , to show that the contract was in fact , though not in form , made by B. , not on his own account , but as agent of defendant . Wilson v . Hart ...
Página 13
... contract , usurious on the face of it , may be explained by showing it was made so by a clerical error . Anon . I ... contract . ] Where the parties have contracted in writing , in many instances parol evidence is admitted to prove an ...
... contract , usurious on the face of it , may be explained by showing it was made so by a clerical error . Anon . I ... contract . ] Where the parties have contracted in writing , in many instances parol evidence is admitted to prove an ...
Página 14
... contract between shipowner and captain ; Birch v . Depeyster , 4 Camp . 385 .; and to show the received meaning of " mess pork of S. and Co. " Powell v . Horton , 2 New Ca. 668. Where the captain of a ship agreed to convey a boat of ...
... contract between shipowner and captain ; Birch v . Depeyster , 4 Camp . 385 .; and to show the received meaning of " mess pork of S. and Co. " Powell v . Horton , 2 New Ca. 668. Where the captain of a ship agreed to convey a boat of ...
Página 15
... contract . " Parol evidence , when admissible to control or explain agricultural con- tracts . ] A custom affecting the contract may be proved by parol in other , as well as in mercantile , contracts , as in the case of customs ...
... contract . " Parol evidence , when admissible to control or explain agricultural con- tracts . ] A custom affecting the contract may be proved by parol in other , as well as in mercantile , contracts , as in the case of customs ...
Página 16
... contract will not be admitted to show a subsequent variation in the written contract ; as where several lots of land were bought together , it cannot be shown that the purchaser has by parol waived the contract as to one lot to which ...
... contract will not be admitted to show a subsequent variation in the written contract ; as where several lots of land were bought together , it cannot be shown that the purchaser has by parol waived the contract as to one lot to which ...
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Otras ediciones - Ver todas
A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius Henry Roscoe Vista completa - 1844 |
A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius Henry Roscoe Vista completa - 1844 |
Términos y frases comunes
acceptor act of bankruptcy action admissible admitted agreement alleged amount antè assignees assumpsit attorney bankrupt bill of exchange Bing Camp claim contract court covenant creditor damages debt declaration deed defendant pleaded defendant's delivered delivery demand demise dence drawer East ejectment entitled entry execution executor fact fendant fraud given in evidence handwriting held Ibid indorsed interest issue Jones judgment jury land landlord lease lessor liable libel Lord Ellenborough Lord Kenyon Lord Tenterden marriage matter ment Nisi Prius non est factum nonsuit notice to produce officer owner paid parish parol evidence party payable payment plaintiff plea possession premises promissory note proof prove receipt recover rent replevin rule Saund seisin sheriff shew Smith sold stamp Stark statute Statute of Frauds Stra sued sufficient suprà Taunt tenant testator trespass trial trover unless variance verdict voire dire warrant writ
Pasajes populares
Página 191 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Página 317 - ... or to deprive any party of the benefit thereof, unless such acknowledgment or promise shall be made or contained by or in some writing to be signed by the party chargeable thereby...
Página 447 - ... the right to make such entry or distress, or to bring such action, shall have first accrued to the person making or bringing the same.
Página 306 - In every species of assumpsit, 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 be specially pleaded.
Página 447 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
Página 69 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Página 630 - In an action on the case for a nuisance to the occupation of a house, by carrying on an offensive trade, the pica of not guilty will operate as a denial, only that the defendant carried on the alleged trade in such a way as to be a nuisance to the occupation of the house ; and will not operate as a denial of the plaintiff's occupation of the house.
Página 317 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Página 359 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 164 - And all bills, drafts, or orders for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen...