Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Volume 15

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Page 77 - It is repugnant, upon a contract for indemnity, to recover as for a total loss, when the event has decided that the damnification in truth is an average, or perhaps no loss at all.
Page 77 - Whatever undoes the damnification, in " the whole or in part, must operate upon the indemnity " in the same degree. It is a contradiction in terms to bring " an action for indemnity, where upon the whole event no
Page 11 - Every man who pays bills not then due into the hands of his banker places them there, as in the hands of his agent, to obtain payment of them when due. If the banker discount the bill or advance money upon the credit of it, that alters the case; he then acquires the entire property in it, or has a lien on it pro tanto for his advance.
Page 77 - This action is, in point of law, founded upon a supposed damnification of the plaintiffs, occasioned by his death, existing and continuing to exist at the time of the action brought : and being so founded, it follows of course, that if, before the action was brought, the damage, which was at first supposed likely to result to the creditors from the death of Mr. Pitt, were wholly obviated and prevented by the payment of his debt to them, the foundation of any action on their part, on the ground of...
Page 95 - The rule which at one time prevailed, that the words are to be understood in mitiori sensu, has been long ago superseded ; and words are now construed by courts, as they always ought to have been, in the plain and popular sense in which the rest of the world...
Page 96 - Carpenter (y) was in Winchester Gaol, and tried for his life, and would have been hanged had it not been for Leggat, for breaking open the granary of farmer A. and stealing his bacon.
Page 72 - Company. The defendants before Trinity term last, were served with process' issued in this cause on the 3d of June, 1806. Mr. Pitt was indebted to the plaintiffs at the time of the execution of the policy, and from thence up to and at the time of his death above 5002., and died insolvent.
Page 223 - And for that it often falls out, that many persons, before " they become bankrupts, do convey their goods to other men " upon good consideration, yet still do keep the same, and " are reputed the owners thereof, and dispose of the same as
Page 10 - ... be against the customer, the bankers also charged a certain commission. Differing in this respect from the practice of bankers in London, who upon the receipt of undue bills from a customer do not carry the amount directly to his credit, but enter them short, as it is called; that is, note down the receipt of the bills in his account, with the amount; and the times when due, in a previous column of the same page; which sums when received are carried forwards into the usual cash column.
Page 347 - ... it to the plaintiff, who by letter, put into the two-penny post on the 6th, gave notice to the defendant of the dishonour ; the plaintiff living in London, and the defendant at Shadwell. The case was left to the jury on the question, whether the notice of the dishonour had been given in reasonable time ; and the jury, being of opinion that it had, found a verdict for the plaintiff.

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