Reports of Cases Adjudged in the Court of King's Bench:: From Hilary Term, the 14th of George III. 1774, to Trinity Term, the 18th of George III. 1778. Both Inclusive, Volume 2
A. Strahan, law-printer to the King's Most Excellent Majesty, 1800 - 473 pages
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action admitted afterwards againſt alſo amount anſwer appeared applied authority bankrupt becauſe bill brought caſe cauſe charge circumſtances cited clearly common conſequence conſidered contract court creditors daughters debt deed defendant delivered deviſe directed diſcharged doubt election entered entitled eſtate evidence execution fact firſt follows give given grant ground heirs held himſelf houſe Ibid inſurance intention intereſt iſſue judgment jury Juſtice lands leaſe liable Lord Lord Mansfield matter meaning ment muſt notice objection opinion paid pariſh party payment perſon plaintiff plea premiſes preſent prove queſtion reaſon received remainder rent reſpect Robert rule ſaid ſame ſay ſet ſeveral ſhall ſhew ſhip ſhould ſon ſtat ſtated ſtatute ſubject ſuch ſufficient ſum ſupport taken tenant term theſe thing tion trade trial uſe verdict verfus verſus Vide whole
Page 682 - ... because that is not an explanation of what was said before, but an addition to it. But if, in the introduction, it had been averred that the defendant had a barn full of corn...
Page 568 - Is it conscientious then that the defendant should keep money which he has got by their misrepresentation, and should say, though there is no alteration in my account with my principal, this is a hit, I have got the money and I will keep it? If there had been any new credit given, it would have been proper to have left it to the jury to say, whether any prejudice had happened to the defendant by means of this payment: but here no prejudice at all is proved, and none is to be inferred.
Page 858 - The rules laid down in respect of the construction of deeds are founded in law, reason and common sense — that they shall operate according to the intention of the parties, if by law they may ; and if they cannot operate in one form, they shall operate in that which by law will effectuate the intention.
Page 786 - he believes the man to be in good health," knowing nothing about it, nor having any reason to believe the contrary, there, though the person is not in good health, it will not avoid the policy, because the underwriter then takes the risk upon himself. So that there cannot be a clearer distinction than that which exists between a warranty which makes part of the written policy and...
Page 787 - It is said, he insured upon the credit of the first underwriter. A representation to the first underwriter, has nothing to do with that which is the agreement, or the terms of the policy. No man who underwrites a policy, subscribes, by the act of underwriting, to terms which he knows nothing of.
Page 682 - ... stated. But if, in the introductory part of the declaration, it had been averred that the defendant had a barn full of corn...
Page 672 - In contempt of our said Lord the King and his laws, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 786 - ... another to be in good health, when he knows at the same time he is ill of a fever, that will not avoid the policy, because by the warranty he takes the risk upon himself. But if there is no warranty, and he says, " the man is in good health," when in fact he knows him to be ill, it is false.