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accepted action aforesaid afterwards amount answer appears apply assigns bankrupt bill bond brought BULLER called captain cargo cause charge common consequence consideration considered contended contract costs Court death debt defendant delivered determined directed discharged doubt effect entered entitled error evidence execution fact give given granted ground heirs held husband insured intention interest issue John judgment jury justices King laid land lease letter liable Lord Mansfield loss master meaning mentioned nature necessary never notice objection opinion owners paid parish parties pauper person plaintiff plea pleaded possession present proved question reason received recover rent respect rule Sessions settlement shew ship statute sufficient supposed taken tenant term thereof thing Thomas tion trial tried verdict voyage whole writ
Page 646 - His lordship then proceeded to say that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Page 168 - What is reasonable notice is partly a question of fact, and partly a question of law ; it may depend in some measure on facts ; such as, the distance at which parties live from each other, the course of the post, &c.
Page 33 - By the nature of his contract, he is liable for all due care and diligence ; and for any negligence he is suable on his contract. But there is a further degree of responsiblity by the custom of the realm, that is, by the common law ; a carrier is in the nature of an insurer.
Page 386 - Trinity term, all grants or conveyances thereafter to be made, by fine or otherwise, of any manors or rents, or of the reversion or remainder of any messuages or lands, shall be good and effectual, to all intents and purposes, without any attornment of the tenants of any such manors, or of the land out of which such rent shall be issuing, or of the particular tenants upon whose particular estates any such reversions or remainders shall and may be expectant or depending, as if their attornment had...
Page 29 - The law charges this person thus intrusted to carry goods, against all events but acts of God, and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 769 - ... him. That is, he may make use of the legal estate of the term to defend his possession ; or if he has lost the possession, to recover it at common law, notwithstanding that his adversary may at law have the strict title to the inheritance.
Page 272 - The jury found a verdict for the plaintiffs. Sower moved for a rule to shew cause why there should not be a new trial on the ground that the...
Page 27 - THIS was an action on the case against the defendant as a common carrier, for not safely carrying and delivering the plaintiff's goods.