A Treatise on the Law of Evidence, Volume 2Little, Brown,, 1883 - Evidence (Law) |
From inside the book
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Page 25
... debt or damages demanded.1 In cases of contract for the payment of a sum of money , the payment of a less sum will not be a good satisfaction ; unless it was either paid and accepted before the time when it was to have been paid , or at ...
... debt or damages demanded.1 In cases of contract for the payment of a sum of money , the payment of a less sum will not be a good satisfaction ; unless it was either paid and accepted before the time when it was to have been paid , or at ...
Page 27
... debt is not binding , and cannot be set up in bar of an action upon the original contract . Thus , where an agree- ment was made between a debtor and his creditors , that the latter should accept five shillings and sixpence in the pound ...
... debt is not binding , and cannot be set up in bar of an action upon the original contract . Thus , where an agree- ment was made between a debtor and his creditors , that the latter should accept five shillings and sixpence in the pound ...
Page 28
... debts , to be secured partly by the acceptances of a third person and partly by his own notes , and to execute a composition - deed containing a clause of release ; it was held by Lord Ellenborough , that an action for the original debt ...
... debts , to be secured partly by the acceptances of a third person and partly by his own notes , and to execute a composition - deed containing a clause of release ; it was held by Lord Ellenborough , that an action for the original debt ...
Page 61
... debt for the penalty of the arbitration bond , or by covenant , upon the agreement or indenture of submission ; in the third case , it may be by attachment , or by execution upon the judg- ment entered up pursuant to the rule of court ...
... debt for the penalty of the arbitration bond , or by covenant , upon the agreement or indenture of submission ; in the third case , it may be by attachment , or by execution upon the judg- ment entered up pursuant to the rule of court ...
Page 62
... debt on the award itself is sometimes preferable to any other form of action , inasmuch as , if judgment goes by default , it is final in the first instance , the sum to be recovered being ascertained through the medium of the award ...
... debt on the award itself is sometimes preferable to any other form of action , inasmuch as , if judgment goes by default , it is final in the first instance , the sum to be recovered being ascertained through the medium of the award ...
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Common terms and phrases
acceptance acceptor action actual admissible adultery agent alleged amount arbitrators assumpsit attorney authority averment award Bank bill or note Bing breach burden of proof Campb cause Chitty & Hulme circumstances claim common carrier common law Conn consideration contract court covenant Cush damages debt declaration deed defendant defendant's demand drawer East fact fraud Gray Mass Greenl Hagg held holder Hulme on Bills indorser injury insured issue Johns judgment jury land Law & Eq liable libel loss malice marriage ment mitigation of damages negligence non est factum notice paid partner party payable payment Penn person Pick plaintiff plea pleaded presumption prima facie principal promise promissory note prove question R. R. Co reasonable received recover rule seisin Smith Stark Stat statute statute of limitations Story on Bills sufficient suit supra Taunt tion tort trespass unless Wend witness
Popular passages
Page 358 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 357 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act, that he was acting contrary to law, or whether he was laboring under any and what delusion at the time?
Page 356 - The mode of putting the latter part of the question to the jury on these occasions has generally been whether the accused at the time of doing the act knew the difference between right and wrong...
Page 357 - ... (notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit) he is nevertheless punishable, according to the nature of the crime committed, if he knew, at the time of committing such crime, that he was acting contrary to law; by which expression we understand your Lordships to mean the law of the land.
Page 472 - A partnership is a contract of two or more competent persons, to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, and to divide the...
Page 401 - ... fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 357 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And, thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Page 354 - A man is not to be excused from responsibility, if he has capacity and reason sufficient to enable him to distinguish between right and wrong as to the particular act he is then doing; a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment.
Page 641 - ... such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 462 - ... in an action for nuisance to property, arising from noxious vapors, the injury to be actionable must be such as visibly to diminish the value of the property and the comfort and enjoyment of it.