 | Samuel Bealey Harrison, Frederic Edwards - Nisi prius - 1838 - 908 pages
...as from Pernambuco to London (<). 2. Pleas.']— By the Reg. Gen. HT 4 Will. IV. it is ordered that in every species of assumpsit all matters in confession and avoidance, including not only those which show the transaction to be either void or voidable in point of law, on the ground of fraud or... | |
 | Law - 1839 - 860 pages
...bills of exchange, and promissory notes the plea of nonassumpsit shall be inadmissible" (I) ; and " in every species of assumpsit all matters in confession...of fraud or otherwise, shall be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, &c." In considering the operation of the... | |
 | Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - Equity - 1839 - 880 pages
...not a matter which is at all put in issue upon these pleadings. (a) " In every species of attumpsit all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded. Ex. gr. Infancy, coverture, release, payment, performance, Upon illegality of consideration either... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1839 - 956 pages
...third section, which provides that, " in every species of assumpsit, all matters in confession 1838. and avoidance, including not only those by way of...of fraud or otherwise, shall be specially pleaded; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute... | |
 | Joseph Chitty, Tompson Chitty - Civil procedure - 1839 - 564 pages
...post, 204, 376.) ILLEGAL^ CONSIDERATION. VOID CONTRACTS: — We have seen that by the New Rules, " in every species of assumpsit all matters in confession...not only those by way of discharge, but those which show the transaction to be void or voidable in point of law, on the. ground of fraud or otherwise,... | |
 | Cuthbert William Johnson - Bills of exchange - 1839 - 258 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,... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...that the" implied contract is rebutted by some law. Then comes the tMrd rule, which provides, that, " in every species of assumpsit, all matters in confession and avoidance, including not oni\ those by way of discharge, but those which shew the transaction to be either void or voidable... | |
 | John Collyer - Partnership - 1840 - 1016 pages
...avoidance, both in «*sumpsit and debt, must be specially pleaded ; that is to say, not only matters by way of discharge, but those which shew the transaction...point of law, on the ground of fraud or otherwise; as, for instance, infancy, coverture, release, payment, performance, illegality of consideration, drawing,... | |
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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... 
