 | Oliver Lorenzo Barbour - 1860 - 716 σελίδες
...which would be determined by whatever would determine the duty. And it is a rule well settled, that " where the law creates a duty, or charge, and the party...without any default in him, and hath no remedy over, the law will excuse him." (Aleyn's R. 27. Harmony v. Bingliam, 2 Kern. 99, and cases there cited.)... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 σελίδες
...WILLIAMS, in his note to Wo/ton v. Waterhouse (2 Saund., 422), is this: "When the law creates a duty, and the party is disabled to perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a... | |
 | Illinois. Supreme Court - 1872 - 640 σελίδες
...12 Howard, 279; 14 Wend. 215; 12 Barb. 321; 18 1ll. 489; Edwards on Bailments, 520, 523, 524, 526. Where the law creates a duty or charge, and the party...without any default in him, and hath no remedy over, then the law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon... | |
 | William Selwyn - 1861 - 840 σελίδες
...Hush v. Coin, Carth. 23'.'. mises; for the words were words of qualification, and not of contract (A). Where the law creates a duty or charge, and the party is disabled from performing it, without any default on his part, and has not anv remedy over, the law will excuse... | |
 | David Maclachlan - 1860 - 1046 σελίδες
...inipos.... able, is no answer to an action on a contract, that still remains obligatory notwithstanding. " Where the law creates a duty or charge, and the party is disabled to perform it without any act in him, and hath no remedy over, there the law will excuse him ; but where a party, by his own... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 482 σελίδες
...think, in the case at bar, supposing the embargo to have been a perpetual prohibition of commerce. " Where the law creates a duty or charge, and the party...disabled to perform it, without any default in him, and he hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 484 σελίδες
...think, in the case at bar, supposing the embargo to have been a perpetual prohibition of commerce. " Where the law creates a duty or charge, and the party...disabled to perform it, without any default in him, and he hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 σελίδες
...common counts.* Supreme Ct., 1813, Linningdale D. Livingston, 10 Johns., 36. 915. Disability. \Vhere the law creates a duty or charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse... | |
 | United States. Supreme Court - 1870 - 820 σελίδες
...insufficient," and that " he ought to pay his rent." " And this difference," says Alleyn, " was taken : that where the law creates a duty or charge, and the party...no remedy over, there the law will excuse him But where a party by his own contract creates a duty or charge upon himself, he is bound to make it good,... | |
 | Great Britain. Courts - 1869 - 1144 σελίδες
...whole army had been alien enemies, yet he ought to pay his rent. And this difference was taken, that where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused ;... | |
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... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided... 
