Reports of Cases Decided in the Court of Common Pleas ..., Том 2H. Rowsell, 1853 |
Между кориците на книгата
Страница 57
... Assumpsit for money had and received and upon the account stated . Pleas - non assumpsit and payment . The case was tried before the Chief Justice of the Court of Common Pleas , when the plaintiff , in support of his case , gave ...
... Assumpsit for money had and received and upon the account stated . Pleas - non assumpsit and payment . The case was tried before the Chief Justice of the Court of Common Pleas , when the plaintiff , in support of his case , gave ...
Страница 69
... Assumpsit for money had and received ; see the facts stated at page 50 , and shewing the trusts . Parke , B. , said — the plaintiff , in order to recover , must shew that there was a positive surplus ; that was the main question . Again ...
... Assumpsit for money had and received ; see the facts stated at page 50 , and shewing the trusts . Parke , B. , said — the plaintiff , in order to recover , must shew that there was a positive surplus ; that was the main question . Again ...
Страница 70
... and the remedy is a covenant for notes sold and assigned , or a special assumpsit , if the consideration has ceased and the promise therefore absolute , and not for money had and 70 COMMON PLEAS , TRINITY TERM , 15 VIC .
... and the remedy is a covenant for notes sold and assigned , or a special assumpsit , if the consideration has ceased and the promise therefore absolute , and not for money had and 70 COMMON PLEAS , TRINITY TERM , 15 VIC .
Страница 185
... assumpsit infra sex annos , or non accrevit actio infra sex annos , the reply always is , that the defendant's promise is within six years , or that the action has accrued within six years : so in this case , it is sufficient to shew ...
... assumpsit infra sex annos , or non accrevit actio infra sex annos , the reply always is , that the defendant's promise is within six years , or that the action has accrued within six years : so in this case , it is sufficient to shew ...
Страница 193
... assumpsit in the common counts , the defendant was duly notified to attend the trial of the cause as a witness in behalf of the plaintiff , which he neglected to do ; the plaintiff proceeded with the trial of the cause , expecting to ...
... assumpsit in the common counts , the defendant was duly notified to attend the trial of the cause as a witness in behalf of the plaintiff , which he neglected to do ; the plaintiff proceeded with the trial of the cause , expecting to ...
Други издания - Преглед на всички
Често срещани думи и фрази
action adverse possession affidavits aforesaid agent agreement alleged amount appears assessed assignment assumpsit averred bill of sale breach bushels by-law certificate charge collector contended contract conveyance corporation court covenant creditors damages dant debt declaration deed defendant defendant's delivered demandant demises demurrer discharge dower duty entitled entry evidence execution fact flour ground Hallock held issue John Soules judgment jury Justice Kingston Lachine land lease lessor levied liable lumber McVean ment mentioned mill Montreal mortgage municipal council Nisi Prius notice objection paid parties passed payable payment person plaintiff plea pleaded possession pound promise promissory notes proved question ratable property received recover replication Royal Grammar School rule sample schooner shew cause shewn statute sufficient tenant therein thereof tion Toronto township trial united counties Upper Canada Upper Canada College verdict vessel wheat writ
Популярни откъси
Страница 139 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Страница 231 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 511 - 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...
Страница 167 - An Act for the further Amendment of the Law and the better Advancement of Justice...
Страница 246 - If a man builds his house at the extremity of his land, he does not thereby acquire any right of easement, for support or otherwise, over the land of his neighbour. He has no right to load his own soil so as to make it require the support of that of his neighbour, unless he has some grant to that effect.
Страница 126 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Страница 140 - ... shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death...
Страница 274 - If anything remain to be done on the part of the seller as between him and the buyer, before the commodity purchased is to be delivered, a complete present right of property has not attached in the buyer...
Страница 513 - Majesty's Subjects, the same shall be transferred by Bill of Sale, or other Instrument in Writing, containing a Recital of the Certificate of Registry of such Ship or Vessel, or the principal Contents thereof, otherwise such Transfer shall not be valid or effectual for any Purpose whatever, either in Law or in Equity...
Страница 179 - The name of a county shall in all cases be stated in the margin of a declaration, and shall be taken to be the venue intended by the plaintiff, and no venue shall be stated in the body of the declaration, or in any subsequent pleading.