A Selection of Leading Cases on Various Branches of the Law: With Notes, Volume 1John William Smith A. Maxwell, 1841 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
act of bankruptcy action of trespass aforesaid afterwards agree agreement alteration answer appears assignment assumpsit bailee bailment bankrupt bill of exchange bill of lading Bing Bingh bona bond brought cited commission common law consignee consignor contract conviction court court of equity covenant creditors custom damage debt declaration deed defendant defendant's delivered demise demurrer distrained ejectment Eliz equity evidence execution fide fraud held Holt ibid indorsement injury issue John Rudge judge judgment jury laid land landlord lease lessee lessor liable Lord Chief Justice Lord Mansfield ment Minorca mortgagee mortgagor non est factum notice objection opinion paid parliament party payment person plaintiff plea pleaded possession promise proved question Raym reason recover rent replication respect rule Salk says sheriff statute Statute of Frauds sufficient tenant term thereof thing tion trade transitu trespass trial trover Tyrwh vendee verdict Vide void words writ
Popular passages
Page 129 - ... 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, or some other person thereunto by him lawfully authorized.
Page 97 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Page 131 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 83 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing; for else these carriers might have an opportunity of undoing all persons that had any dealings with them, by combining with thieves, &c., and yet doing it in such a clandestine manner as would not be possible to be discovered. And this is the reason the law is founded upon...
Page 86 - It is imposed by the law, even where the service is gratuitous. "The confidence induced by undertaking any service for another, is a sufficient legal consideration to create a duty in the performance of it.
Page 131 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 277 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 162 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Page 304 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
Page 179 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.