The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, Volume 10
Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, Edward Potton, William Bowstead
Sweet & Maxwell, limited, 1893 - Law reports, digests, etc
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Page 351 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 411 - A verdict was found for the plaintiff, with leave for' the defendant to move to set it aside and enter a nonsuit, if this objection should be thought well founded.
Page 300 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 414 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 393 - That if any Person shall unlawfully take, or cause to be taken, any unmarried Girl, being under the Age of Sixteen Years, out of the Possession and against the Will of her Father or Mother, or of any other Person having the lawful Care or Charge of her...
Page 353 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 511 - ... he she or they shall have sustained thereby, and no more, in an action of trespass or on the case, at the election of the plaintiff...
Page 508 - Micklethwait, then to the use of my said nephew John Micklethwait (the eldest son of my said brother Jonathan George Micklethwait), and his assigns, for and during the term of his natural life (without impeachment...