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acceptance according act of bankruptcy action afterwards agreed agreement amount appear arrest assignees assumpsit averred bankrupt became bill of exchange bond breach brought Camp cause charged cited commission committed common condition consequently consideration considered contract court covenant creditor damages debt declaration deed defendant delivered demand demurrer discharge drawer drawn East effect endorser entitled evidence execution executor express give given ground hands holden husband interest issue judgment Kenyon land lease liable London Lord maintain manner marriage ment necessary notice objected observed officer opinion paid party payable payment performance person plaintiff plea pleaded possession preceding present promise prove question reason received recover refused rent respect rule Smith stat statute sued sufficient taken tender term tion trade trespass verdict wife writ
Página 443 - 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.
Página 464 - 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.
Página 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Página 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Página 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Página 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Página 411 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Página 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...