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A Treatise on the Law of Obligations, Or Contracts; Volume 1
Pothier,William David Evans
No preview available - 2018
A Treatise On the Law of Obligations, Or Contracts; Volume 1
Robert Joseph Pothier,William David Evans
No preview available - 2022
Abbé d'Orleans abfolutely action admitted againſt alfo alſo anſwer arifing becauſe cafe caſe caufe cauſe circumftances claufe codicillary Comte de St conclufion confequence confideration confidered contract courſe court court of equity debt decifion deed defendant depofitions difcuffion difpofition diftinction diſcharge equity eſtabliſhed evidence examination expreffed expreffions fact faid fame fanity favour fecond feems feveral fhall fhew fhould fide figned fince firft firſt fome ftate ftatute fubject fuch fufficient fuppofed fupport heir himſelf huſband infanity inftance inftitution inftrument intereft itſelf judgment Juftice jury laft Lord Lord Mansfield Madame de Longueville Madame de Nemours moſt muſt nature neceffary obferved obligation occafion opinion oppofite paid particular party payment perfon plaintiff pofitive prefent prefumption Prince de Conty principle promife proof proved purpoſe queſtion reaſon refpect rule ſeems ſeveral ſhall ſtate ſuch teftament teftator teftimony thefe themſelves theſe thofe thoſe tion unleſs uſe witneffes witneſs
Page 2 - The objection that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say.
Page 383 - So where a man has paid a debt, which would otherwise have been barred by the statute of limitations ; or a debt contracted during his infancy, which in justice he ought to discharge, though the law would not have compelled the payment, yet the money being paid, it will not oblige the payee to refund it. But where money is paid under a mistake, which there was no ground to claim in conscience, the party may recover it back again by this kind of action.
Page 351 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 120 - And be it further enacted, That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
Page 383 - The rule had always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Page 42 - 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 201 - Where goods are ponderous, and incapable as here of being handed over from one to another, there need not be an actual delivery ; but it may be done by that which is tantamount, such as the delivery of the key of a warehouse in which the goods are lodged, or by delivery of other indicia of property.
Page 309 - But the ground of her it/competency arises from a principle of public policy, which does not permit husband and wife to give evidence that may even tend to criminate each other.