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agreement allowed amount of damages arising assessed assignee bill Bing breach of contract brought cargo cause of action charter-party chattel circumstances claim common law consequence costs Court covenant debt debtor deduction default defendant defendant's delivered detinue distrained distress entitled to recover evidence execution executor expenses freight given ground held incurred indemnity injury instance interest judgment jury L. J. Ch L. J. Ex laid land landlord latter lease lessee liable libel Lord Lord Ellenborough loss measure of damages ment mesne profits mitigation of damages negligence nominal damages notice owner paid party payable payment penalty person plaintiff plea pleaded possession premises principle profits proved question reason recovery refused rent repair replevin rule set-off sheriff ship Smith sold special damage statute sued surety taken Taunt tenant testator tion trespass trial trover verdict Vict writ of inquiry wrong
Page 38 - Knowledge is of two kinds. We know a subject ourselves, or we know where we can find information upon it.
Page 139 - ... at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which...
Page 347 - That the jury, on the trial of any issue or on any inquisition of damages, may, if they shall think fit, give damages in the nature of interest over and above the value of the goods at the time of the conversion or seizure...
Page 10 - ... special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For, had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case; and of this advantage...
Page 10 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendant, and thus known to both parties, the damages resulting from the breach of such a contract which they would reasonably contemplate, would be the amount of injury which would -ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 139 - upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 267 - 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 45 - But profits or advantages which are the direct and immediate fruits of the contract entered into between the parties, stand upon a different footing. These are part and parcel of the contract itself, entering into and constituting a portion of its very elements; something stipulated for, the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Page 221 - ... any parol demise or any agreement (not being by deed,) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 33 - KELYNG'S (Sir J.) Reports of Divers Cases in Pleas of the Crown in the Reign of King Charles II., with Directions to Justices of the Peace, and others ; to which are added, Three Modern Cases, viz., Armstrong and Lisle, the King and Plummer, the Queen and Mawgridge. Third Edition, containing...