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acceptance acceptor act of bankruptcy action brought action for money afterwards agreement alleged amount appear arrest assault assignees assumpsit attorney averred bankrupt bill of exchange Bingh bond breach Campb cause of action certificate cited commission common law consideration contract court court of equity covenant coverture creditor damages debt declaration deed defendant pleaded defendant's delivered demand demised demurrer discharge drawer East Eliz entitled evidence execution executor feme covert given heir holden husband illegal indebitatus assumpsit indenture indorser issue Jones judgment jury land lease lessee lessor liable Lord Ellenborough Lord Mansfield marriage ment necessary notice officer opinion party payable payee payment person plaintiff plea possession promissory note proved Raym received recover rent rule Salk sect sheriff Smith sold stat statute sued sufficient sum of money Taunt tenant testator thereof trade trespass usury verdict void wife writ
Page 172 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 507 - 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.
Page 140 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Page 603 - ... and other payments, according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be) including the day of the death of such person, or of the determination of his or her interest...
Page 173 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 519 - Variance shall appear between any Matter in Writing or in Print produced in Evidence and the Recital or setting forth thereof upon the Record...
Page 266 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Page 139 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 403 - ... of any description, trinkets, bills, notes of the governor and company of the Banks of England, Scotland, and Ireland respectively, or of any other bank...