Selwyn's Abridgment of the Law of Nisi Prius |
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Page v
... dedication expressly recognizes this treatise as owing its origin to a collection of notes formerly It made by Mr. Bathurst for his own private use . Of the Petitioning Creditor's Debt Of the Remedy for Disturbance of Right of Common.
... dedication expressly recognizes this treatise as owing its origin to a collection of notes formerly It made by Mr. Bathurst for his own private use . Of the Petitioning Creditor's Debt Of the Remedy for Disturbance of Right of Common.
Page ix
... Creditor's Debt ... ... VI . Of the Property of the Bankrupt , what Passes to Assignees ... ... ... VII . Of Property in the Possession of the Bankrupt as reputed Owner *** ... VIII . Of Transactions not affected by Bankruptcy ...
... Creditor's Debt ... ... VI . Of the Property of the Bankrupt , what Passes to Assignees ... ... ... VII . Of Property in the Possession of the Bankrupt as reputed Owner *** ... VIII . Of Transactions not affected by Bankruptcy ...
Page 46
... 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 as- sumpsit may be maintained . So if ...
... 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 as- sumpsit may be maintained . So if ...
Page 54
... creditor subsequent to the insolvent's discharge , in pursuance of a previous agreement whereby the debt was omitted ... creditors and the court a fair and true statement of their affairs , that where they have been guilty of ( k ) ...
... creditor subsequent to the insolvent's discharge , in pursuance of a previous agreement whereby the debt was omitted ... creditors and the court a fair and true statement of their affairs , that where they have been guilty of ( k ) ...
Page 55
... creditor under similar circum- stances was set aside on the ground that the agreement was con- trary to the policy of the insolvent act , inasmuch as it enabled the creditor to take to himself a large portion of the future effects which ...
... creditor under similar circum- stances was set aside on the ground that the agreement was con- trary to the policy of the insolvent act , inasmuch as it enabled the creditor to take to himself a large portion of the future effects which ...
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Common terms and phrases
13 Vict 25 Vict acceptance acceptor act of bankruptcy action for money afterwards agreement amount assignees assumpsit attorney bank bankrupt bill of exchange Bingh bond breach brought Campb carrier cause of action common law consideration contract court court of equity covenant coverture creditor damages debt debtor declaration deed defendant defendant's delivered demand demised demurrer discharge drawer East entitled evidence Exch execution executor feme covert fendant given heir held husband indorser issue Jones judgment jury Kenyon land lease lessee lessor liable London Lord Lord Ellenborough Lord Mansfield marriage ment necessary non est factum notice paid party payable payment person petition plaintiff plea pleaded possession promise promissory note proved Railway Raym received recover rent Reports sect Smith stat statute sued sufficient suit Taunt tenant testator thereof tion trader verdict void wife
Popular passages
Page 197 - ... 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...
Page 463 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 463 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 197 - 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...
Page 156 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 550 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 553 - His lordship then proceeded to say that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Page 163 - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).
Page 156 - 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.
Page 183 - Viet., c. 53, which respectively enact, that " no attorney or solicitor, nor any executor, administrator, or assignee of any attorney or solicitor, shall commence or maintain any action or suit for the recovery of any fees, charges, or disbursements for any business done by such attorney or solicitor...