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abandon action admitted adverse possession affreightment afterwards alleged appeared assignment assumpsit aster bankrupt bill Blanc cafe cargo charter-party claim codicil contended contract copyhold count Court covenant curtesy custom death debt declaration deed defendant delivered demised demurrage demurrer devise Edmund Prideaux entitled entries evidence execution executor expence fact fame fieri facias freehold freight freighter grant Grose heir held hiring Inhabitants issue judgment jury King land lease lessee lessor liable lives Lord Ellenborough C. J. Lord Mansfield manor marriage master ment months nonsuit notice opinion owner paid parish parties pauper payment person plaintiff plea pleaded port possession premises question received recover rent respect rule seised seisin settlement shew ship socage stat statute tenant tenement term testator thereof tiff timber tion tithes toll Tortola trespass trial trover underwoods verdict voyage wife words writ
Page 526 - ... (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 or to assigns freight for the said goods with primage and average accustomed.
Page 611 - ... book, of having delivered a woman of a child on a certain day, referring to his ledger in which he had made a charge for his attendance, which was marked as paid, is evidence upon an issue as to the age of such child at the time of his afterwards suffering a recovery.
Page 333 - I desire it may be understood that the point here determined is, that the plaintiff upon a policy can only recover an indemnity according to the nature of his case at the time of the action brought, or (at most) at the time of his offer to abandon.
Page 564 - 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 307 - ... he the defendant would pay the annuity. The breach assigned was the non-payment of the annuity. Plea, that the plaintiff was not, at the time of making the deed, legally possessed of the negroes on the plantation, and so had not a good title to convey.
Page 306 - that, 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 the covenants go only to a part, there a remedy lies on the covenant to recover damages for the breach of it, but it is not a condition precedent.
Page 530 - The parties have entered into a special contract, by which freight is made payable in one event only, that of a right delivery of the cargo according to the terms of the contract ; and that event has not taken place. There has been no such delivery ; and consequently the plaintiff is not entitled to recover.
Page 394 - ... still entitle himself to the whole freight, by forwarding the goods by some other means to the place of destination ; but he has no right to any freight if they be not so forwarded ; unless the forwarding them be dispensed with, or unless there be some new bargain upon this subject. If the ship-owner will not forward them, the freighter is entitled to them without paying anything.
Page 272 - He paid it to the defendant, which he was not bound to do in law : and in such a case the person he pays it to shall be accountable, and considered as receiving it for those who are in equity entitled to it.
Page 117 - ... that the entry made was in prejudice of the party making it. In the case of the receiver, he charges himself to account for so much to his employer. In this case, the party repelled by his entry a claim which he would otherwise have had upon the other for work performed, and medicines furnished to the wife ; and the period of her delivery is the time for which the former charge is made, the date of which is the...