English Reports Annotated, 1866-1900, Volume 2, Part 1Maxwell Alexander Robertson Reports and Digest Syndicate, 1866 - Law reports, digests, etc |
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Page 1551
... plea . At the trial , the first count of the declaration was substantially proved , and also the second plea . The money paid into E.R.A. 1551 LOCK V. FURZE .
... plea . At the trial , the first count of the declaration was substantially proved , and also the second plea . The money paid into E.R.A. 1551 LOCK V. FURZE .
Page 1552
... plea and to reduce the damages by 251. , but discharged the residue of the rule , with leave to the defendant to appeal on the main point as to the principle of damages ; and the question submitted to the Court of Appeal was , whether ...
... plea and to reduce the damages by 251. , but discharged the residue of the rule , with leave to the defendant to appeal on the main point as to the principle of damages ; and the question submitted to the Court of Appeal was , whether ...
Page 1556
... plea and replication . The declaration was founded on a charter - party , by which the defendants agreed that their ship should take out a cargo for the plaintiffs to certain places in Africa , deliver it , and there reload such ...
... plea and replication . The declaration was founded on a charter - party , by which the defendants agreed that their ship should take out a cargo for the plaintiffs to certain places in Africa , deliver it , and there reload such ...
Page 1557
... plea narrows the breach alleged in the declaration to this , that the only cause of complaint is , that so large a cargo was not loaded as an experienced stevedore might have put on board . [ WILLES , J. — But your plea does not allege ...
... plea narrows the breach alleged in the declaration to this , that the only cause of complaint is , that so large a cargo was not loaded as an experienced stevedore might have put on board . [ WILLES , J. — But your plea does not allege ...
Page 1559
... plea mentioned , and other than the plaintiff . And , further , that the said bill of lading was indorsed by the plaintiff as in the said third plea mentioned in blank , and not otherwise , and delivered to the said indorsees thereof by ...
... plea mentioned , and other than the plaintiff . And , further , that the said bill of lading was indorsed by the plaintiff as in the said third plea mentioned in blank , and not otherwise , and delivered to the said indorsees thereof by ...
Common terms and phrases
action affidavit aforesaid agreement alleged amount appears applied assigns authority bailment bankrupt Bankruptcy barratry bill of exchange bill of lading BLACKBURN breach Brother cargo carried charge charter-party churchwardens circumstances claim clause common law COMMON PLEAS construction contract costs Court of equity Court of Exchequer covenant creditors damages debt debtor decision declaration deed defendant defendant's delivered detinue discharged entitled ERLE evidence Exch Exchequer Chamber execution fact freight given grant ground held indorsed injury invention John Parsons judgment jury Justice land learned Judge letters patent liable lien London Lord matter MELLOR MONTAGUE SMITH negligence opinion owner packed parcels paid parish parties patent pawnee payment person plaintiff pleaded pledge possession purpose Queen's Bench question Railway Company reason recover referred respect Robert Barnard rule shew cause ship statute testator trial trustees verdict vessel Vict words
Popular passages
Page 2144 - ... surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 1981 - Executors nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it hath pleased God to bless me...
Page 2042 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 1732 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void. And so GOD send the good Ship to her desired Port in safety, Amen.
Page 1719 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.
Page 1846 - Act; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers by this or the special act, or any act incorporated therewith, vested in the company...
Page 1558 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 2144 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...
Page 2141 - ... or such part thereof respectively as he shall think fit shall stand charged with the payment of the amount for which judgment shall have been so recovered and interest thereon; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor.
Page 1631 - ... was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom the holder claims.