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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... "
Cases in the Court of Common Pleas and Exchequer Chamber - Σελίδα 238
των Great Britain. Court of Common Pleas, John Scott - 1839
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Practical Treatise on the Law of Landlord and Tenant: With a Full Collection ...

William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 σελίδες
...°a fact from which the contract or promise alleged may be implied by hw : 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,...

A Treatise on the Law of Evidence, as Administered in England and ..., Τόμος 1

John Pitt Taylor - 1858 - 898 σελίδες
...that declared upon.' § '257. " In every species of actions on contract, 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,...

A Treatise on Pleading, and Parties to Actions: With Second and ..., Τόμος 1

Joseph Chitty - 1859 - 892 σελίδες
...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 periods, and that before the rent became due the plaintiff evicted him from the possession. Prentice...

The Principles and Practice of the Law of Evidence

Edmund Powell - 1859 - 540 σελίδες
...vesting has not been complied with.8 " In every species of actions on contract, 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,...

Selwyn's Abridgment of the Law of Nisi Prius

William Selwyn - 1861 - 840 σελίδες
...held, that such promise might be denied by a plea of non-assumpsit" (z). All matters of confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable, on the ground of fraud or otherwise, must be specially...

The Common Law Procedure Acts and Other Statutes Relating to the Practice of ...

Great Britain, Sir John Charles Frederic Sigismund Day - 1861 - 586 σελίδες
...dishonour of the bill or note. 8. In every species of actions on contract, 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,...

Selwyn's Abridgement of the Law of Nisi Prius, Τόμος 2

William Selwyn - 1861 - 874 σελίδες
...the loss, or of the alleged compliance with warranties." And by Rule 8,—" All matters in confession and avoidance, including not only those by way of discharge, but those (l) Newby v. Read, 1 Bl. R. 416. (a) Crowley v. Cohen, 3 B. & Ad. 478. (u) Per Cur., Wind v. Wilkinson,...

Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Τόμος 61

Massachusetts. Supreme Judicial Court - 1862 - 670 σελίδες
...1834. One of those rules is in these words: "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,...

Upper Canada Law Journal, Τόμος 1

1865 - 358 σελίδες
...court of Trinity term. 1856, is, " In every speciee of action or contract, all matters in confession or 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,...

Arnould on the Law of Marine Insurance, Τόμος 2

Sir Joseph Arnould - 1866 - 620 σελίδες
...that the plaintiff, or any one on his behalf, had ever paid the premium." ' "All matters in confession and avoidance, including not only those by way of discharge, but those also which show the transaction to be either void, or voidable, in point of law, on the ground of fraud...




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