 | Great Britain. Court of Common Pleas, Sir William Hodges - Law reports, digests, etc - 1836 - 508 pages
...but not of the breach." Per Curium. — The third example is more in point with the present case. " All matters in confession and avoidance, including not only those by way of discharge, but these which shew the transaction to be either void or voidable in point of law, on the ground of fraud,... | |
 | Cuthbert William Johnson - Bills of exchange - 1837 - 236 pages
...accepting, or presenting or notice of dishonour of the bill or note. 3. In every species of assumpit, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...consideration, kc. 3. In every »pede» of asswnpsit, nil mailers in confestion and avoidance (b), including not only those by way of discharge, but...or voidable in point of law, on the ground of fraud (c) or otherwise, shall be specially pleaded (d). Ex.gr. Infancy (e), coverture, release, payment (/),... | |
 | Great Britain. Court of Exchequer - Court rules - 1837 - 1338 pages
...the new rules.] Section 3. [ante, Vol. IV. p. xv.] by directing, that in every species of assumpsit, all matters in confession and avoidance, including...discharge, but those which show the transaction to be («) See Lfwii v. Co*grar€, 2 Taunt. 2. (t) 3 B. & P. 246. (c) M. & M. 128. (d) -Z B.& Adol. 325.... | |
 | Great Britain. Courts, William Moody, Frederic Robinson - Law reports, digests, etc - 1837 - 660 pages
...specially, as in actions of assumpsit;" and the Rule I. No. 3. directs, that in that form of action, " all matters in confession and avoidance, including...not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | William Tidd - Civil procedure - 1837 - 942 pages
...every species of assuinpsil, it is declared by another statutory ,i>sumj> , ^^ ^ pleading •, that " all matters in confession and avoidance, including...not only those by way of discharge, but those which shew the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1837 - 964 pages
...rejected at the trial. The rule of HT, 4 Will. 4, R. I, s. 3, is that " in every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but which shew the transaction to be either void or voidable in point of law, on the ground of fraud or... | |
 | Great Britain. Court of King's Bench - Civil procedure - 1837 - 524 pages
...to operate as a denial of the sale and delivery in point of fact, and in every species of assumpsit all matters in confession and avoidance, including not only those by way of <e) 1 Har. & Wol. 61 ; 2 Ad. & £11.696 ; 4 Nev. &c Man. 505. 206 TRINITY TERM, 183Ü. HAYSELDEN discharge,... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1838 - 828 pages
...of the party suing is a part of the contract, then the rule of HT 4 Will. 4, Assumpsit, 3, says : " All matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded." Every £«*• of Pleat, statutable illegality must be pleaded : Barneit v. Glos- ' sop (a). In debt,... | |
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In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
