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agreement allowed amount arising assessed assignee bankrupt bill bond bound breach of contract brought cargo cause of action charter-party circumstances claim common law consequence costs Court covenant creditor debt debtor decision default defendant defendant's delivered difference entitled to recover equity evidence executor expenses freight given ground held incurred indemnify indemnity injury instance interest judgment jury L. J. Ch L. J. Ex laid land landlord latter lease lessee lessor liable liquidated damages Lord Lord Ellenborough loss measure of damages ment mitigation of damages mutual credit nature negligence nominal damages notice owner paid party payable payment penalty performance person plaintiff premises principle profits purchaser question railway company reason received recoverable refused rent replevin result rule Saund set-off ship Smith sold special damage statute stipulated sued surety Taunt tenant trespass trover vendor verdict Vict warranty
Page 83 - ... whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.
Page 25 - AN EPITOME OF LEADING CONVEYANCING AND EQUITY CASES; WITH SOME SHORT NOTES THEREON, FOR THE USE OF STUDENTS. By JOHN INDERMAUR, Solicitor, Author of "An Epitome of Leading Common Law Cases.
Page 305 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 253 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor.
Page 48 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another : therefore it contenteth itself with the immediate cause ; and judgeth of acts by that, without looking to any further degree.
Page 260 - Act all rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise) shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly.
Page 37 - ... if the court should be of opinion that the plaintiff was not entitled to recover.
Page 125 - ... had and received by the defendant to the use of the plaintiff...
Page 539 - But we think the real answer to the objection is, that no wrongdoer can be allowed to apportion or qualify his own wrong ; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.