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according action of assumpsit afterwards agreement alledged appear arrest of judgment assigned averments of performance award barratry bill of exchange bond breach brought cause of action cited clared collateral consideration considered count court held coverture damages debt declared in assumpsit defendant pleaded defendant promised defendant's delivered delivery discharge Eliz executed executor fact fendant forbear given in evidence husband indebitatus assumpsit indorsement intended issue judges laid latitat liable Lord Lord Mansfield marriage matter ment mise motion in arrest moved in arrest necessary neral nonsuit notice objection observed paid particular party pay the money payable payment plaintiff declared plea promised to pay promissory note proper proved quantum meruit Raym recover replication request Salk Saund seems shew shewn sold special assumpsit special demurrer statute statute of limitations sued sufficient suit sumpsit tender testator tiff tion traverse verdict vide writ of error
Page 395 - Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 483 - ... defendants, in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the...
Page 577 - ... or in or by bearing a share or part in the stakes, wagers, or adventures, or in or by betting on the sides or hands of such as do or shall play...
Page 708 - That all Actions of Trespass, Quare clausum fregit, all Actions of Trespass, Detinue, Action sur Trover, and Replevin for taking away of Goods and Cattle, all Actions of Account, and upon the Case, other than such Accounts as concern the Trade of Merchandize between Merchant and Merchant, their Factors or Servants...
Page 124 - If either party would sue upon this agreement, the plaintiff for not paying, or the defendant for not transferring, the one must aver and prove a transfer or a tender...
Page 708 - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).
Page 71 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Page 47 - It is undoubtedly true that every man is by the law of nature bound to fulfil his engagements. It is equally true that the law of this country supplies no means, nor affords any remedy, to compel the performance of an agreement made without sufficient consideration; such agreement is nudum pactum ex quo non oritur actio...
Page 708 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.
Page 78 - ... the liquidation of damages, after a right to them has accrued by a breach of the contract, is matter proper to be given in evidence to the justice or jury in reduction of damages, but not necessary to be shown to the court, in the first instance, on the face of the record.