Reports of Cases Argued and Adjudged in the Court of King's Bench: During the Time Lord Mansfield Presided in that Court; from Michaelmas Term, 30 Geo. II. 1756, to Easter Term, 12 Geo. III. 1772 ...
W. Clarke and sons, 1812
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act of parliament action admitted affidavit aforesaid alledged appears argued assigned assizes assumpsit attorney bail Bettenham bill brought bye-law charged cited common law copyhold corporation costs counsel court court leet covenant custom debt declaration deed defendant delivered devise discharged election Eliz evidence ex dimiss execution executor feoffment give given grant heirs indictment infant insisted insured intention intitled issue John John Clymer judgment jury justice of peace Justice Wilmot land landlord latitat lease lessor liable Lord Mansfield mandamus manor mayor mentioned notice objection offence opinion parish party penalty person plaintiff plaintiff in error plea pleaded premises present prosecutor proved quashed question quo warranto reason rent Rex versus rule seised Serjeant sheriff shew cause ship Sir Fletcher Sir Fletcher Norton statute tenant term testator Thomas tion tithes trespass trial verdict void vote warrant wharf William words writ of error
Página 1268 - It was introduced to prevent disorder from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Página 1909 - The reason of the rule, which obliges the parties to disclose, is to prevent fraud, and encourage good faith, it is adapted to such facts as vary the nature of the contract, which one privately knows, and the other is ignorant of, and has no reason to suspect. The question, therefore, must always be, " whether there was, under all the circumstances, at the time the policy was underwritten, a fair statement, or a concealment : fraudulent, if designed, or, though not designed, varying materially the...
Página 1906 - The keeping back such circumstance is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the under-writer is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.
Página 1803 - all such gifts, grants or deeds made by infants, which do not take effect by delivery of his hand, are void ; but all gifts, grants or deeds made by infants, by matter in deed or in writing, which do take effect by delivery of his hand are voidable, by himself, by his heirs and by those who have his estate.
Página 1336 - Election ; or if any person by himself, or any person employed by him, doth or shall, by any gift or reward, or by any promise, agreement, or security for any gift or reward, corrupt or procure any person or persons to give his or their vote or votes, or to forbear to give his or their vote or votes, in any such Election...
Página 1671 - Hodiemi mores are such, that the old notion about the nudum pactum is not strictly observed as a rule. On a question of this nature, Whether by the law of nations such an engagement as this shall bind ? the law is to judge. The true reason why the acceptance of a bill of exchange shall bind, is not on account of the acceptor's having or being supposed to have effects in hand, but for the convenience of trade and commerce. Fides est servanda.
Página 1480 - All that is new in this act, is the clause which gives a summary jurisdiction for the punishment of the infractors of this law. The act of Parliament was made upon occasion of the Czar's ambassador being arrested. If proper application had been immediately made for his discharge from the arrest, the matter might and doubtless would have been set right. Instead of that, bail was put in, before any complaint was made.
Página 1282 - Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Página 1915 - D'Estaigne being piloted by the Dutch, delivering the fort to the Dutch, and sending the prisoners to Batavia, is a confirmation of those grounds. And probably, the loss of the place was owing to the Dutch. The French could not have got up the river without Dutch pilots : and it is plain, the whole was concerted with them. And yet, at the time of underwriting the policy, there was no intimation about the Dutch. The reason why the counsel have not objected to his not disclosing the grounds of this...
Página 1909 - The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract ; which one privately knows, and the other is ignorant of, and has no reason to suspect.