An Abridgment of the Law of Nisi Prius...W.T. Clarke, 1817 |
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Página 45
... consideration ; consequently , in actions of assumpsit , a consideration must be stated and proved ( 1 ) . Of the Consideration . - Every promise , for the non - per- formance of which an action of assumpsit may be maintained , must be ...
... consideration ; consequently , in actions of assumpsit , a consideration must be stated and proved ( 1 ) . Of the Consideration . - Every promise , for the non - per- formance of which an action of assumpsit may be maintained , must be ...
Página 46
... consideration must be of some value , in contemplation of law ( 3 ) ; for where A. in consideration that B. would make an estate at will to him , as his counsel should devise , promised , & c . it was holden a void promise , for want of ...
... consideration must be of some value , in contemplation of law ( 3 ) ; for where A. in consideration that B. would make an estate at will to him , as his counsel should devise , promised , & c . it was holden a void promise , for want of ...
Página 47
... consideration . Hence a promise made by the master , when a ship was in distress , to pay an extra sum to a mariner as an inducement to extraordinary exertion on his part , has been holden to be void ; because a seaman is bound to exert ...
... consideration . Hence a promise made by the master , when a ship was in distress , to pay an extra sum to a mariner as an inducement to extraordinary exertion on his part , has been holden to be void ; because a seaman is bound to exert ...
Página 48
... consideration . In order to facilitate the making of an agreement , for which there was sufficient consideration between the plaintiff and a third person , the defendant , who received no benefit to him- self by the agreement , became ...
... consideration . In order to facilitate the making of an agreement , for which there was sufficient consideration between the plaintiff and a third person , the defendant , who received no benefit to him- self by the agreement , became ...
Página 49
... consideration , such forbearance must either be absolute , or for a definite portion of time , or a reasonable time ; forbearance for a little , or some time , is not sufficient . It must be observed , that in cases where an action is ...
... consideration , such forbearance must either be absolute , or for a definite portion of time , or a reasonable time ; forbearance for a little , or some time , is not sufficient . It must be observed , that in cases where an action is ...
Otras ediciones - Ver todas
Términos y frases comunes
acceptance acceptor act of bankruptcy action brought action for money adjudged afterwards agreement appear arrest assignment assumpsit averred bankrupt bill of exchange bond breach Buller Burr Camp carrier Carth cited commission common law consideration contract court court of equity covenant coverture creditor damages 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 ment non est factum notice opinion paid party payable payee payment person plaintiff plea possession promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient tenant term testator thereof tion trade trespass verdict void wife Wils writ
Pasajes populares
Página 166 - ... 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 114 - 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 254 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Página 236 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Página 131 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Página 364 - ... 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 470 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Página 238 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Página 128 - ... if an infant commit an assault, or utter slander, God forbid that he should not be answerable for it in a Court of justice. But where an infant has made an improvident contract with a person who has been wicked enough to contract with him, such person cannot resort to a Court of law to enforce such contract. And the words, "wrongfully, injuriously, and maliciously.
Página 166 - 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...