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" In an action of indebitatus assumpsit, for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money had and received, it will operate as a denial both of the... "
Reports of Cases Argued and Determined in the Court of Common Pleas: With ... - Page 62
by Great Britain. Court of Common Pleas - 1838
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

1833 - 560 pages
...bailment or employment as would raise a promise in law to the effect alleged, but not of the breach. In an action of indebitatus assumpsit for goods sold...the defendant a receipt to the use of the plaintiff. 2d, In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 790 pages
...breach. In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery...the defendant a receipt to the use of the plaintiff. ',',. In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

1834 - 576 pages
...received, it will operate as a denial both of the receipt of the money and the existence of those fact» which make such receipt by the defendant a receipt to the use of the plaintiff. 2d, In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be...
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The Principal Statutes and Rules of Court for Reform of the ..., Page 957

England, Great Britain - 1834 - 254 pages
...will operate as a denial both of the receipt of the money and the existence of those facts which makes such receipt by the defendant a receipt to the use of the plaintiff. 2d. In all actions upon bills of exchange and K promissory notes, the plea of non assumpsit shall be...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 2

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - 1835 - 814 pages
...breach. In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery...the defendant a receipt to the use of the plaintiff. 2. In all actions upon bills of exchange and promissory Bills and notes, notes, the plea of non assumpsit...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1835 - 980 pages
...policy. In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery...the defendant a receipt to the use of the plaintiff. 2. In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be inadmissible....
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 5

Great Britain. Court of King's Bench - 1835 - 1218 pages
...will operate as a denial both of the receipt of the money and the existence of those facts which makes such receipt by the defendant a receipt to the use of the plaintiff. 2. In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be inadmissible....
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The Law-dictionary, Explaining the Rise, Progress, and Present State of the ...

Thomas Edlyne Tomlins - 1835 - 862 pages
...will operate as a denial both of the receipt of the money and the existence of those facts which makes lished under the provisions of the act. But see 4 & 5 WM. 4. c. 49. In all actions upon bills of exchange and promissory notes, the plea of non assumpsit shall be inadmissible....
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The Practice of the Law in All Its Departments: With a View of ..., Volume 3

Joseph Chitty - 1835 - 1032 pages
...money, and the existence of those facts which sale and deii11 • iii <> i • i /.iv*ry, and remake such receipt by the defendant a receipt to the use of the ceipt of money plaintiff. t<M,,e Of plain2. In all actions upon bills of exchange and promissory notes,...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 942 pages
...delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact; and in the like action, for money had and received, it...defendant a receipt to the use of the plaintiff." ' Lee n. Levy, 4 Barn. & C. 390. 6 ». Smith, 1 Salk. 280. Gilb. CP 65. Dowl. & R. 475. SC; and see...
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