The Law Reports. Court of Exchequer: From Michaelmas Term, 1865, to Trinity Term, 1875, 第 10 巻T. and J. W. Johnson, 1875 |
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action Admiralty agent agree agreement amount apply argument assessed Attorneys for defendant Attorneys for plaintiff authority bank bankers bearer bills of lading bonds Bramwell caissons cargo carrier charter charterparty cheque claim clause CLEASBY common carrier contended contract costs county court Court of Exchequer creditor damages decision defendant's delivered demurrage Denis Le Marchant discharge distress duty effect entitled execution facts GABARRON Gorgier ground held heriots high bailiff indorsed issued judgment jurisdiction jury KREEFT L. J. Ex law merchant Law Rep learned judge liable Lizardi London and North Lord matter ment merchants Munoz negligence negotiable nonsuit North Western nunc pro tunc opinion owner paid parties payable payment person plaintiff plea premises question re-insurance reason recover rent respect ROBARTS rule scrip ship Sir Denis statute tenant tenement tion TONTINE trespass trustees Valuation Metropolis verdict waggon warrant words writ
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53 ページ - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, II East, 60, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover ; if by ordinary care he might have avoided them, he is the author of his own wrong.
255 ページ - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
160 ページ - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
175 ページ - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in the receipt of such rent...
174 ページ - Commons, in this present parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows : (that is to say) the word
174 ページ - The second section enacts, that, after the day therein mentioned, "no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at [ *2S9 ] which the right to make such entry or distress, or to * bring such action, shall have first accrued...
73 ページ - The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship...
274 ページ - Term last, obtained a rule calling upon the plaintiff to shew cause why the verdict should not be entered for the defendant on the...
21 ページ - And for and in respect of the annual profits or gains arising or accruing to any person whatever, whether a subject of her Majesty or not, although not resident within the United Kingdom...
164 ページ - The general rule of law is undoubted, that no one can transfer a better title than he himself possesses : Nemo dat quod non habet. To this there are some exceptions, one of which arises out of the law merchant as to negotiable instruments. These being part of the currency are subject to the same rule as money...