 | Samuel Bealey Harrison, Frederic Edwards - Nisi prius - 1838 - 908 pages
...ordered that in every species of assumpsit all matters in confession and avoidance, including not only those which show the transaction to be either void...of fraud or otherwise, shall be specially pleaded ; — as unseaworthiness. Upon a question concerning the sea-worthiness of a ship, after the evidence... | |
 | John Frederick Archbold - Civil procedure - 1838 - 682 pages
...or presenting, or no. tice of dishonor of the bill or note." 3dly. " In every species of assumpsit, 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. Bail Court, Alfred Septimus Dowling - Civil procedure - 1838 - 910 pages
...issue ; and then we come to the third rule, which provides that " in every species of assumpsit, nil 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 Selwyn - Nisi prius - 1838 - 802 pages
...indorsing, or accepting, or presenting, or notice of dishonour, of the bill or note. No. 3.—All matters of confession and avoidance, including not only those by way of discharge, but those which shew the transaction to be either void or voidable, on the ground of fraud or otherwise, shall be specially... | |
 | Cuthbert William Johnson - Bills of exchange - 1839 - 258 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... | |
 | Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - Equity - 1839 - 880 pages
...not a matter which is at all put in issue upon these pleadings. (a) " In every species of attumpsit 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,... | |
 | Law - 1839 - 860 pages
...promissory notes the plea of nonassumpsit shall be inadmissible" (I) ; and " in every species of assumpsit 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 Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...And we must couple that with what is laid down in the third rule — " in every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but thuse which shew the transaction to be either void or voidable in point of law, on the ground of fraud... | |
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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... 
