The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Volume 4; Volume 140 |
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Page 11
... or in case the debtor shall fail to pay the amounts hereinbefore covenanted to be paid by him , or any or any one of them , or any part thereof , to the creditors or creditor to whom the same are or is respectively due , upon the ...
... or in case the debtor shall fail to pay the amounts hereinbefore covenanted to be paid by him , or any or any one of them , or any part thereof , to the creditors or creditor to whom the same are or is respectively due , upon the ...
Page 12
Moreover , the plea contains no averment that the composition has been paid or tendered . Harrington , in support of the plea.- The 4th and 12th clauses are not unreasonable . [ Bramwell , B. - Suppose [ the requisite majority in number ...
Moreover , the plea contains no averment that the composition has been paid or tendered . Harrington , in support of the plea.- The 4th and 12th clauses are not unreasonable . [ Bramwell , B. - Suppose [ the requisite majority in number ...
Page 13
Perhaps in this case the creditors would be upon an equal footing , if the deed were valid ; but it containis a provision that the composition money shall not be paid until the trustee named in the deed has ...
Perhaps in this case the creditors would be upon an equal footing , if the deed were valid ; but it containis a provision that the composition money shall not be paid until the trustee named in the deed has ...
Page 21
The covenant , and not the property , is relied on as the means by which the composition is to be paid . The plea avers that everything has been done to render the deed binding on the plaintiff . If the assignment is illusory ...
The covenant , and not the property , is relied on as the means by which the composition is to be paid . The plea avers that everything has been done to render the deed binding on the plaintiff . If the assignment is illusory ...
Page 67
... in the county of Chester , " bestowed his work and co - operate labour of great value , to wit , of the value of 50001. , and obtaining an paid , laid out and expended divers sums of money , amount- poration , upon ing in the whole ...
... in the county of Chester , " bestowed his work and co - operate labour of great value , to wit , of the value of 50001. , and obtaining an paid , laid out and expended divers sums of money , amount- poration , upon ing in the whole ...
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Common terms and phrases
according action aforesaid agreed agreement allowed amount answer appear apply appointed assigns Attorney authority Bankruptcy bill bound Bramwell called carried cause charge claim clause common Company composition condition consideration construction contained contract costs Court covenant creditors damage debt debtor deed defendant delivered directed discharged duty effect entered entitled evidence execution express facts filed further give given ground held intended interest Judge judgment jury land liable limited London Lord Martin matter meaning ment mentioned necessary negligence notice obtained opinion paid parties passed payment person plaintiff plea possession present proceedings question Railway Railway Company reason received referred respect rule shares shew ship signed statute sufficient taken thereof tion trustees unless verdict Vict witness
Popular passages
Page 238 - ... 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, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 659 - Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 162 - ... or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor; provided that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of...
Page 402 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 267 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 219 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 376 - ... for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made : provided always, that this enactment shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or toward any plate, prize, or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime, or exercise.
Page 376 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of Law or Equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the bands of any person to abide the event on which any wager shall have been made...
Page 459 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 534 - ... shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt, before the bankruptcy...
Bibliographic information
| Title | The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Volume 4; Volume 140 The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Great Britain. Court of Exchequer Chamber |
| Author | Great Britain. Court of Exchequer |
| Contributor | Great Britain. Court of Exchequer Chamber |
| Edition | reprint |
| Publisher | H. Sweet, 1868 |
| Original from | Oxford University |
| Digitized | 15 Sep 2006 |
| Export Citation | BiBTeX EndNote RefMan |