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accepted according action aforesaid agent agreed agreement alleged amount answer appears applied architect assignment authority bank bill brought called carried cause charge claim common condition consideration contained contract contractors costs count court covenant creditors CRESSWELL damages debt deed defendant defendant's delivered difference directed E. C. L. R. vol effect entered entitled evidence exchange execution fact further give given grant ground held intention interest issue JERVIS judge judgment jury land lease letter liable loaded London Lord matter meaning mentioned necessary notice obtained opinion paid parties payment person plaintiff plea premises present proved question Railway reasonable received recover referred refused rent respect rule shares ship statute taken thereof things tion transfer trial verdict Vict whole
Seite 187 - being reserved to the defendant to move to enter a nonsuit, if the court should be of opinion that there was no evidence to go to the jury. Keane now moved accordingly. — Upon this evidence, there was nothing to justify the jury in finding that Gogel had not been in England. [JERVIS,
Seite 589 - or upwards. The cases relied on for the defendant were decided on the 4th section, between which and the 17th there is a manifest distinction. The 4th section enacts that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action
Seite 95 - &c., &c., and of all other perils, losses, and misfortunes that had or should come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof; and, in case of any loss or misfortune, it should be
Seite 95 - to the assured, their factors, servants, and assigns, to sue, labour, and travel for, in, and about the defence, safeguard, and recovery of the said goods and merchandises, and ship, &c., or any part thereof, without prejudice to that insurance; to the charges whereof they the assurers would contribute each one according to the rate and quantity of his sum
Seite 679 - the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same is
Seite 95 - for and in the name and names of all and every person or persons to whom the same did, might, or should appertain, in part or in all, did make assurance, and cause himself and them, and every of them, to be insured, lost or not lost, at and from the meridian of the 20th of March, 1850, to
Seite 633 - TETLEY v. EASTON and Another. June 4. [*643 It is no ground for refusing to answer interrogatories under the 51st section of the Common Law Procedure Act, 1854, 17 & 18 Viet. c. 125, in an action for the infringement of a patent, that the answers may expose the defendant's customers to actions.
Seite 15 - Hopkins, 1 Lord Raym. 851, there cited. examined before an arbitrator appointed to settle a special case for the opinion of the court under the Common Law Procedure Act, 1854, 17 & 18 Viet. c. 125, s. 5. Per Curiam.—That case seems to be an authority. The writ may therefore go. Rule accordingly.(a)
Seite 261 - 20?., or if, in any action commenced after the passing of this act, in any of Her Majesty's superior courts of record, in trespass, trover, or case, not being for malicious prosecution, or for libel, or for slander, or for criminal conversation, or for seduction, the plaintiff shall recover a
Seite 593 - of frauds, 29 Car. 2, c. 3, and the 7th section of Lord Tenterden's act, 9 G. 4, c. 14, are to be read together. Now, the last-mentioned enactment provides that the 17th section of the former act shall extend to all contracts for the sale of goods of the value of 10Z. sterling and upwards,