Lord Mansfield |
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Page 137
... promise , made by an executor , to pay a legacy out of assets in his hands . On a general demurrer he obtained judgment . ' In the present case ' , said Lord Mansfield , ' there is not only an assent to the legacy , but an actual promise ...
... promise , made by an executor , to pay a legacy out of assets in his hands . On a general demurrer he obtained judgment . ' In the present case ' , said Lord Mansfield , ' there is not only an assent to the legacy , but an actual promise ...
Page 140
... promise , though none was ever actually made . A fortiori , a legal or equitable duty is a sufficient consideration for an actual promise . Where a man is under a moral obliga- tion , which no court of law or equity can enforce , and ...
... promise , though none was ever actually made . A fortiori , a legal or equitable duty is a sufficient consideration for an actual promise . Where a man is under a moral obliga- tion , which no court of law or equity can enforce , and ...
Page 241
... promise to pay . The plaintiff argued that the promise was implied from the bare fact of drawing the bill , and that , since the New Rules forbade the plea of non assumpsit in actions upon negotiable instruments , it was superfluous to ...
... promise to pay . The plaintiff argued that the promise was implied from the bare fact of drawing the bill , and that , since the New Rules forbade the plea of non assumpsit in actions upon negotiable instruments , it was superfluous to ...
Common terms and phrases
accepted action for money admitted agreement alleged allowed argued argument assigned Assumpsit authority Baron bill of exchange Blackstone brought Burrow Chancery Chief Justice cited common law conscience consideration contract conveyancers Coulson counsel court of equity court of law Cowper debt decision declaration deed defendant determined devise doctrine doubt Douglas evidence fact favour feudal ground heirs Holliday House of Lords Indebitatus Assumpsit indorsed indulge intention issue judge judgment judicial jurisprudence jury Justice Buller Justice Wilmot King's Bench language lawyers litigation Lord Hardwicke Lord Holt Lord Mansfield ment mercantile merchants Murray negotiable instruments objection offered opinion paid parties plaintiff sued plea pleading practice precedent principle promise to pay promissory note Quasi-Contract question ratio decidendi Raym reason received recover Reports rule in Shelley's rule of law ship sought Statute technical term testator tion trespass trial Trover trust verdict words writ