Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and Principal Matters, 1800-1812, Band 5 (Google eBook)
Lea and Blanchard, 1845
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9 East act of bankruptcy action admitted affidavit aforesaid afterwards alleged annuity appeared assignment assumpsit bankrupt bankruptcy bill bill of lading Blanc bond cargo charter-party claim clause codicil considered contended contract copyhold count Court covenant creditors daughter death debt declaration deed defendant defendant's delivered demised demurrer devise election entitled evidence execution executors expence fact fieri facias freehold freight give given granted heirs held indenture indictment intention issue John judgment jury justices King land latitat lease lessor liable Lord Ellenborough Lord Mansfield manor marriage master messuages nonsuit notice objection opinion owner paid parish party pauper payment person plaintiff plea pleaded port possession premises question received recover rent respect rule seised seisin settlement sheriff ship stat statute tenant Term Rep testator tion toll trespass trial verdict Vide voyage wife words writ
Seite 433 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Seite 495 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Seite 51 - It is clear that a creditor has an insurable interest in the life of his debtor...
Seite 395 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Seite 434 - The shipowners undertake that they will carry the goods to the place of destination, unless prevented by the dangers of the seas or other unavoidable casualties ; and the freighter undertakes that if the goods be delivered at the place of their destination he will pay the stipulated freight ; but it was only in that event, viz., of their delivery at the place of destination, that he, the freighter, engages to pay anything.
Seite 499 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Seite 435 - The general property in the goods is in the freighter; the ship owner has no right to withhold the possession from him, unless he has either earned his freight, or is going on to earn it. If no freight be earned, and he decline proceeding to earn any, the freighter has a right to the possession.
Seite 252 - ... in any such undertaking or attempt, and more particularly the acting or presuming to act as a corporate body or bodies, the raising or pretending to raise transferable stock or stocks...
Seite 456 - ... to the defendant to move to enter a nonsuit, if the Court should be of opinion that the refusal by the plaintiffs to pay for the iron delivered amounted to an abandonment of the contract.