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acceptance according action afterwards agreed agreement amount appear arrest assignment assumpsit averred bankrupt bankruptcy bill bill of exchange bond breach brought Camp cause charged cited commission common condition consequently consideration considered contract court covenant creditor damages debt declaration deed defendant delivered demand demurrer discharged drawer East entered entitled evidence execution executor express give given ground hands holden husband indorser interest issue judges judgment Kenyon laid land lease lessee liable Lord maintain manner marriage matter ment nature necessary notice objected observed officer opinion paid party payable payment performance person plaintiff plea pleaded possession preceding present promise prove question reason received recover rent respect rule Smith stat statute sued sufficient taken tender term thing tion trade trespass verdict whole wife writ
Página 234 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Página 466 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Página 360 - ... and also every such note payable to any person or persons, his, her, or their order, shall be assignable or indorsable over in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Página 164 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; 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...
Página 525 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Página 516 - ... but with this constant diversity, viz.: where the restraint is general not to exercise a trade throughout the kingdom, and where it is limited to a particular place; for the former of these must be void, being of no benefit to either party, and only oppressive, as shall be shown by-and-by."2 IN ENGLAND.
Página 164 - 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 payment...
Página 142 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Página 540 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...