Reports of Cases Argued and Determined in the Court of King's Bench: In the Nineteenth, Twentieth, and Twenty-first Years of the Reign of George III. By Sylvester Douglas, ...
A. Strahan and W. Woodfall, 1790 - 797 pages
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action admitted afterwards againſt alſo appear argued authority bankrupt becauſe bill bond brought BULLER called caſe cauſe certificate charged cited common condition conſidered contended count court cuſtom debt defendant delivered determined directed diſcharged election entitled eſtate evidence execution fact faid failed firſt give given grant ground heirs held himſelf inhabitants inſured intention intereſt iſſue Judges judgment jury Juſtice King laſt leaſe liable Lord MANSFIELD maſter mayor meaning mentioned muſt never notice objection obtained opinion original paid pariſh party payment perſon plaintiff plea pleaded preſent proved purpoſe queſtion reaſon received record removed rent reported rule ſaid ſame ſay ſecond ſet ſhall ſhew ſhip ſhould ſome ſpecial ſtated ſtatute ſuch ſum taken tenant term thing thoſe tion trial tried uſe verdict Vide voyage whole writ
Page 21 - ... the question turns upon the agreement between the mortgagor and mortgagee; when the mortgagor is left in possession, the true inference to be drawn is an agreement that he shall possess the premises at will in the strictest sense, and, therefore, no notice is ever given him to quit, and he is not even entitled to reap the crop, as other tenants at will are, because all is liable to the debt, on payment of which the mortgagee's title ceases. The mortgagor has no power, express or implied, to let...
Page 238 - An attorney has a lien on the money recovered by his client for his bill of costs; if the money come to his hands, he may retain to the amount of his bill. He may stop it in transitu if he can lay hold of it. If he apply to the court, they will prevent its being paid over till his demand is satisfied.
Page 391 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Page 261 - Dun- poi;™ void. ning obtained a rule to fhew caufe, why there fhould not be a new trial, which came on to be argued this day.
Page 361 - BaJ/eterre, were, the convoy was to be at that place, and that he might take fuch difpatches as were ready for Europe. He had not objected to it ; becaufe in the regular courfe of his voyage to France from Pointe a Pitre, he muft have gone that way, clofe under the guns of...
Page 234 - ... right to be done, as none of them had agents in the place : and whatever it was right for him to have done, if it had been his own fhip and cargo, the underwriter muft anfwer for the confequences of, bccaufe this is within his contract of indemnity.
Page 72 - Gibraltar with such convoy as could be met with, for whatever part of the voyage that might happen to be, or a departure with convoy for the voyage ? The trial came on before Lord Mansfield and a common jury, when a verdict was found for the plaintiffs.
Page 17 - ... means to give up his policy'. But a deviation merely intended, but never carried into effect, is as no deviation.
Page 73 - The witnesses for the defendant swore, that they understood the words " with convoy," to mean, convoy for the voyage ; and the broker said, that, at the time this policy was signed, he understood and apprehended it was so understood by all the parties, that the convoy was to be for the voyage, and that the return was such as was usual, when convoy for the voyage was meant. His...