 | Great Britain. Court of Exchequer - Court rules - 1837 - 1338 pages
...instance of such a plea before the new rules.] Section 3. [ante, Vol. IV. p. xv.] by directing, that in every species of assumpsit, all matters in confession...not only those by way of discharge, but those which show the transaction to be («) See Lfwii v. Co*grar€, 2 Taunt. 2. (t) 3 B. & P. 246. (c) M. & M.... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1837 - 964 pages
...inadmissible, and was properly rejected at the trial. The rule of HT, 4 Will. 4, R. I, s. 3, is that " in every species of assumpsit, all matters in confession...including not only those by way of discharge, but which shew the transaction to be either void or voidable in point of law, on the ground of fraud or... | |
 | Great Britain. Court of King's Bench - Civil procedure - 1837 - 524 pages
...the plea of non assumpsit is to operate as a denial of the sale and delivery in point of fact, and in every species of assumpsit all matters in confession...and avoidance, including not only those by way of <e) 1 Har. & Wol. 61 ; 2 Ad. & £11.696 ; 4 Nev. &c Man. 505. 206 TRINITY TERM, 183Ü. HAYSELDEN discharge,... | |
 | Cuthbert William Johnson - Bills of exchange - 1837 - 236 pages
...accepting, or presenting or notice of dishonour of the bill or note. 3. In every species of assumpit, all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...in confestion and avoidance (b), including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud (c) or otherwise, shall be specially pleaded (d). Ex.gr. Infancy (e), coverture, release, payment (/),... | |
 | Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1838 - 910 pages
...issue ; and then we come to the third rule, which provides that " in every species of assumpsit, nil matters in confession and avoidance, including not...of fraud or otherwise, shall be specially pleaded : ex. gr., infancy, coverture, release, payment, performance, illegality of consideration, either by... | |
 | William Selwyn - Nisi prius - 1838 - 802 pages
...indorsing, or accepting, or presenting, or notice of dishonour, of the bill or note. No. 3.—All matters of confession and avoidance, including not only those...shew the transaction to be either void or voidable, on the ground of fraud or otherwise, shall be specially pleaded, ex. gr.—illegality of consideration,... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1838 - 828 pages
...of the party suing is a part of the contract, then the rule of HT 4 Will. 4, Assumpsit, 3, says : " All matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
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In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
