An Abridgment of the Law of Nisi Prius, Volume 1P. H. Nicklin & T. Johnson, 1838 - 1620 pages |
Contents
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Common terms and phrases
acceptance accepted supra protest acceptor accommodation bill act of bankruptcy action for money afterwards agent agreement alleged amount assignees assumpsit attorney averment bank Bank of England banker bankrupt Bayley bill of exchange bill or note Bing breach Camp Campb carrier certificate Chitty commission consideration contract covenant creditor damages debtor declaration deed defendant defendant's delivered delivery demand discharged dishonor Doe d drawer drawn East entitled evidence exceeding execution executor fiat fide fraud give given holder indorser instrument issued Jones judgment jury lease lessee lessor liable Lord Ellenborough Lord Mansfield Lord Tenterden maintain an action ment Moore negligence notice owner paid partners party payee payment person plaintiff plea pleaded possession promise to pay promissory note proved received recover rent ruptcy Saund Smith stamp Stark statute Stra sued sufficient Taunt thereof tion trader trover void Wend
Popular passages
Page 686 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent: and so it is where no time is fixed for performance of that, which is...
Page 209 - ... within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels, or make or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to bo made any fraudulent gift, delivery, or transfer of any of his goods or chattels...
Page 318 - ... equally with the other creditors, deducting only thereout a rebate of interest at the rate of five pounds per centum per annum computed from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which it was contracted.
Page 298 - ... had and received by the defendant to the use of the plaintiff...
Page 275 - Debt, except in respect of any Execution or Extent served and levied by seizure upon, or any Mortgage of or Lien upon any part of the Property of such Bankrupt before tho Bankruptcy ; provided that no Creditor though for a valuable consideration, who shall sue out Execution upon any.
Page 209 - ... suffer himself to be arrested for any debt not due, or yield himself to prison, or suffer himself to be outlawed ; or procure himself to be arrested, or his goods, money, or chattels, to be attached, sequestered, or taken in execution...
Page 242 - ... if the assignees accept the same, shall not be liable to pay any rent accruing after the date of the commission, or to be sued in respect of any subsequent non-observance or non-performance of the conditions, covenants, or agreements therein contained : — And if the assignees decline the same, shall not be liable as aforesaid, in case he deliver up such lease or agreement to the lessor...
Page 516 - ... contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger in any mail or stage coach or...
Page 316 - Commission fifteen shillings in the pound, such certificate shall only protect his person from arrest and imprisonment, but his future estate and effects (except the tools of trade and necessary household furniture, and the wearing apparel of himself, his wife and children,) shall vest in the assignees under the said Commission...
Page 589 - As to the second point, the distinction is this ; if a servant driving a carriage, in order to effect some purpose of his own, wantonly strike the horses of another person, and produce the accident, the master will not be liable. But if, in order to perform his master's orders, he strikes but injudiciously, and in order to extricate himself from a difficulty, that will be negligent and careless conduct, for which the master will be liable, being an act done in pursuance of the servant's employment.