The Practice in Courts of Justice in England and the United States, Volume 2

Front Cover
A. Morris, 1855 - Actions and defenses
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Contents

Rules as to covenants prescribed by the statute of 8 9 Vict
46
Of covenants in the sale of chattels
56
The rule of Thorpe v Thorpe 1 Salk 170 misapplied in Terry
62
Where thing which plaintiff has failed to do is not the most
68
When material that instrument should be executed by cove
74
What estate must pass to the assignee
80
What estate must pass to the covenantee to make a covenant
86
Covenants which do not bind an assignee not named
92
How assignees of lessee becoming bankrupt or insolvent
98
Of the action on covenants in the convey
104
Whether without covenant of warranty
114
to indemnify
116
Of the action on a judgment or decree
123
Action on the bond of an executor or administrator lies for
129
How the validity of an unsealed instrument
131
As to alteration of a bill of exchange
137
What is a bill of exchange nature of
143
When acceptance is refused of foreign bill there must
149
mistake the mistake may be corrected
152
Drawee who pays bill where drawers signature is forged
158
Effect of the statute of Ann on a promis
164
What is a negotiable instrument in Pennsylvania Effect there
170
able
177
Notarys certificate when founded on the acts of others
183
When notice is not dispensed with what is the effect of fail
189
How soon notice must be given or sent
196
How notice of dishonour is proved
206
What damages are to be paid when bill
216
Rule established by decisions in New York Pennsylvania
221
bill by the holder and of which he may avail himself
227
How far endorser transfers his right or makes himself liable
234
Whether endorsement be before or after paper is due an
254
him what are his rights
256
Right of assignee to sue under South Carolina statute
262
The rule of Marsh v Brooks 10 Iredell 410 important to
268
How contract of assignment may be modified If the assign
273
Suit against obligor or maker inust be in the proper place
278
Whether assignor or guarantor is liable to any other than
282
or terms
291
Whether on guaranty action will lie for a person not a party
298
Title 3
304
If consideration be legal court may decline enquiring into
315
tract forbidden by the common or statute law
324
What is generally necessary to fix liability
330
Rule as to agency when a mans wife has contracted or
336
Whether there is a right of action for the price of the goods
426
Action for money lent
432
Action by a surety against a cosurety for contribution
439
money
447
Where the defendant has obtained money by a fraud on
454
Special contract must be rescinded to enable party to recover
462
take of law
469
money paid for taxes illegally assessed
473
Under what circumstances the action for money paid to
482
Action on a promise to account or on
488
Action for goods claimed under owners sale
495
Action by the owner for goods or the pro
506
Of a simple bailment how loss by fire falls
514
How lien which would otherwise exist may be excluded by
521
carrier professes to carry
525
How carriers liability may be restrained by a notice Review
530
How the common law liability of carriers is altered in Eng
536
Innkeepers lien
543
Action for a trespass committed by an offi
545
Action for an assault on or false imprison
551
Action by a husband for criminal conversa
553
Right of master to service of apprentice
562
Action for carrying off a slave or assisting or enticing him
568
Action against an officer for refusing at
575
When the action is against an officer for not serving ca sa
581
CHAP 62 Action for an unlawful or excessive distress
587
Action against sheriff who after receiving the money under
591
When it is necessary to shew a termination of the malicious
599
a Chap 65 Action for a fraudulent representation
618
Evans
623
Of deceit in the sale of real property
629
Action for a trespass upon land
636
When after judgment in ejectment action of trespass
642
Hampshire New Jersey and Maine
647
Action for injury from an animal kept
656
Whether the action of a young child against one guilty
662
Action for the disturbance of a right
671
Action for injury from defendants building
672
Water not to be rendered less pure Rule in France
678
Action for injury to plaintiffs property
684
Action against a corporation for injury
694
General rule as to principals responsibility for his servants
701
Liability for employing contractor to do an illegal act
710
Copyright

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Common terms and phrases

Popular passages

Page 411 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of ,10 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 58 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 661 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Page 317 - All contracts or agreements, whether by parol or in writing, by way of gaming, or wagering, shall be null and void ; and 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 hands of any person, to abide the event on which any wager shall have been made...
Page 361 - ... for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any...
Page 48 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 492 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vests at once in him...
Page 692 - Salk. 282, as a general position," that no master is chargeable with the acts of his servant but when he acts in the execution of the authority given him." Now when a servant quits sight of the object for which he is employed, and without having in view his master's orders pursues that which his own malice suggests, he no longer acts in pursuance of the authority given him, and according to the doctrine of Lord Holt his master will not be answerable for such act.
Page 670 - ... it is a right only to the flow of the water, and the enjoyment of it, subject to the similar rights of all the proprietors of the banks on each side to the reasonable enjoyment of the same gift of Providence. It is only therefore for an unreasonable and unauthorised use of this common benefit that an action will lie...
Page 503 - product of or substitute for the original thing still follows the " nature of the thing itself as long as it can be ascertained to

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