An Abridgment of the Law of Nisi Prius, Volumen1W. Clarke, 1817 - 1313 páginas |
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Página 48
... creditor , at the request of his debtor , forbear to sue him for a certain time , that is a sufficient consideration for a new promise by the debtor , for the non - performance of which an action of assumpsit may be maintained . So if a ...
... creditor , at the request of his debtor , forbear to sue him for a certain time , that is a sufficient consideration for a new promise by the debtor , for the non - performance of which an action of assumpsit may be maintained . So if a ...
Página 54
... creditors of the right of examination , which the commissioners would procure them . The as- signees stipulated , not only for their own acts , but also , that the commissioners should forbear to examine the bankrupt ; but clearly they ...
... creditors of the right of examination , which the commissioners would procure them . The as- signees stipulated , not only for their own acts , but also , that the commissioners should forbear to examine the bankrupt ; but clearly they ...
Página 59
... creditor for the whole money , he made an application to the chancellor for that purpose : Lord Hardwicke , chancellor , was of opinion , that he was entitled to be admitted a creditor for the whole money upon his bond . Ex parte Burton ...
... creditor for the whole money , he made an application to the chancellor for that purpose : Lord Hardwicke , chancellor , was of opinion , that he was entitled to be admitted a creditor for the whole money upon his bond . Ex parte Burton ...
Página 66
... creditors , to which all the creditors consented , and signed the deed of trust , except the plaintiffs , who refused to sign and to take any composition , unless the defendants would give them a note for the remaining 9s . in the pound ...
... creditors , to which all the creditors consented , and signed the deed of trust , except the plaintiffs , who refused to sign and to take any composition , unless the defendants would give them a note for the remaining 9s . in the pound ...
Página 67
... creditors ; and although , in this case , the stipu- lation by the plaintiff's was for a further security , and not for more money , there was not any difference , in substance , whether a creditor stipulated for that , which he thought ...
... creditors ; and although , in this case , the stipu- lation by the plaintiff's was for a further security , and not for more money , there was not any difference , in substance , whether a creditor stipulated for that , which he thought ...
Otras ediciones - Ver todas
Términos y frases comunes
acceptance acceptor act of bankruptcy action brought action for money action of debt afterwards agreement appear arrest assignment assumpsit averred bail-bond bankrupt bill of exchange bond breach Buller Burr Camp carrier cited commission common law condition consideration contract court covenant coverture creditor damages declaration deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz evidence execution executor feme covert fendant given heir holden husband indenture indorser Inst issue judgment jury land lease lessee lessor liable Lord Ellenborough Lord Kenyon Lord Mansfield marriage ment non est factum notice obligor opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient Taunt tenant testator tion trade trespass usury verdict void wife Wils writ
Pasajes populares
Página 234 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Página 252 - ... in the same manner as if the action had been brought by and in the name of the deceased.
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...