Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber: From Hilary Term, 6 Will. IV. to [Easter Term, 10 Vict.] Both Inclusive; with Tables of the Cases and Principal Matters. [1836-1847], Volumen1

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Página 102 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 250 - ... hereinafter expressed and declared of and concerning the same, that is to say...
Página 122 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Página 117 - That no action shall be brought .... whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person .... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 438 - The jury found a verdict for the defendant. In the following term Sir James Scarlett obtained a rule to shew cause why there should not be a new trial, on the ground...
Página 426 - Serjt. in this term moved for a rule to shew cause why there should not be a new trial...
Página 606 - ... he, she, or they shall have sustained thereby, and no more, in an action of trespass or on the case, at the election of the plaintiff...
Página 475 - ... evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon the principle of presumption that, in such transactions, the parties did not mean to express in writing the whole of the contract by which they intended to be bound, but to contract with reference...
Página 383 - That the said ship being tight, staunch and strong, and every way fitted for the voyage...
Página 87 - ... enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years...

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