 | Samuel Warren - 1845 - 1174 σελίδες
...or making, or indorsing, or accepting, or presenting, or notice of dishonour of the bill or note. 3. In every species of assumpsit, all matters in confession...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, James Manning, Thomas Colpitts Granger, John Scott - 1854 - 1046 σελίδες
...presenting, or notice of dishonour of the bill or note. 8. In every species of actions on contract, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded ; exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, either... | |
 | Great Britain. Bail Court - 1846 - 1082 σελίδες
...Pleading Rules, Reg. Gen., Hil., 4 Win. 4, Rules 1 and 3, REUMONU 'assumpsit.' The latter rule states that "all matters in ., "• confession and avoidance, including not only those by way and Another, of discharge, but those which shew the transaction to be either void or voidable in point... | |
 | Joseph Chitty - 1847 - 1002 σελίδες
...existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff." " In every species of assumpsit all matters in confession...and avoidance, including not only those by way of disc/large, but those which show the transaction to be either row or voidable in point of law, on the... | |
 | 1848 - 1170 σελίδες
...law, the defendant could not confess and avoid. [WIGHTMAN, J. — Section 3. of the rule says that, " in every species of assumpsit all matters in confession...of fraud or otherwise, shall be specially pleaded" ; that seems to apply to everything which renders a sale void.] LORD DENMAN, CJ — I do not know how... | |
 | Sir Joseph Arnould - 1848 - 780 σελίδες
...the risk, of the loss or of the alleged compliance with warranties. The rule further provides, " That in every species of assumpsit all matters in confession...including not only those by way of discharge, but those also which show the transaction to be void, or voidable, in point of law, on the ground of fraud or... | |
 | John Jane Smith Wharton - 1848 - 726 σελίδες
...making, or indorsing, or accepting, or presenting a notice of the dishonour of the bill or note." 3. " In every species of assumpsit, all matters in. confession...avoidance, including not only those by way of discharge, hut those which show the transaction to be either void or voidable in point of law, on the ground of... | |
 | H. G. O. COLBY - 1848 - 550 σελίδες
...Commonwealth. It is as follows, viz : t " 3d. In every species of assumpsit, 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,... | |
 | John Pitt Taylor - 1848 - 764 σελίδες
...CONFESSION AND AVOIDANCE. 203 § 205. " In every species of assumpsit, 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,... | |
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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... 
