An Abridgment of the Law of Nisi Prius, Volumen1W. Clarke, 1817 - 1313 páginas |
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Página 58
... drawer , it was adjudged , that a subsequent promise by the drawer , that he would see the bill paid , would support an assumpsit . In like manner it has been holden , that a promise to pay a debt barred by the statute of limitations ...
... drawer , it was adjudged , that a subsequent promise by the drawer , that he would see the bill paid , would support an assumpsit . In like manner it has been holden , that a promise to pay a debt barred by the statute of limitations ...
Página 70
... drawer ; nor will it lie for a wager , because a real consideration is wanting , and debt will not lie for a wager . It will be proper to remark here that an indebitatus assump- sit will not lie on a special agreement until the terms of ...
... drawer ; nor will it lie for a wager , because a real consideration is wanting , and debt will not lie for a wager . It will be proper to remark here that an indebitatus assump- sit will not lie on a special agreement until the terms of ...
Página 72
... drawer may be sued immediately upon the original cause of action without any regard being had to the time which the bill has to run ; for there being no agreement as to time , the party takes the bill as payment , and , therefore , if ...
... drawer may be sued immediately upon the original cause of action without any regard being had to the time which the bill has to run ; for there being no agreement as to time , the party takes the bill as payment , and , therefore , if ...
Página 81
... drawer of a bill of exchange , with full knowledge of time ( 33 ) The defendant being tenant to the plaintiff of certain rooms at the yearly rent , of twenty guineas , the plaintiff , at the expiration of the year , insisted on being ...
... drawer of a bill of exchange , with full knowledge of time ( 33 ) The defendant being tenant to the plaintiff of certain rooms at the yearly rent , of twenty guineas , the plaintiff , at the expiration of the year , insisted on being ...
Página 82
... drawer ) remained liable , three months after the bill be- came due , promised the holder that he would pay the bill , if the acceptor did not ; it was holden ' , that the drawer was bound by this promise , and could not avail himself ...
... drawer ) remained liable , three months after the bill be- came due , promised the holder that he would pay the bill , if the acceptor did not ; it was holden ' , that the drawer was bound by this promise , and could not avail himself ...
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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...