The Law of Bills of Exchange, Promissory Notes, Checks, &c

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J. Richards, 1839 - Bills of exchange - 203 pages

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Page 115 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds 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, or give something in earnest to bind the bargain, or in part...
Page 112 - ... all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant their factors or servants, all actions of debt grounded upon any lending or contract without specialty...
Page 137 - Time; and that all Bonds, Contracts, and Assurances whatsoever, made after the Time aforesaid, for Payment of any Principal or Money to be lent or covenanted to be performed upon or for any Usury, whereupon or whereby there shall be reserved or taken above the rate of Five Pounds in the Hundred, as aforesaid, shall be utterly void...
Page 113 - Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the said 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 114 - No action shall be brought whereby to charge any person upon, or by reason of. any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person to the Intent or purpose that such other person may obtain credit, money or goods unless such representation or assurance be made In writing, signed by the party to be charged therewith.
Page 113 - ... joint contractors, or executors, or administrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by either of the said recited acts, or this act, as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, or promise, or otherwise, judgment may be given, and (/) Per Tindal, CJ, Haydon v.
Page 114 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Page 113 - ... contractor, executor or administrator, shall lose the benefit of the said enactments, or either of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise, made and signed by any other or others of them.
Page 97 - Wales, any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding.
Page xxxiii - ... facias shall be sued out; and may and shall pay or deliver to the party suing out such execution any money or bank notes which shall be so seized, or a sufficient part thereof...

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