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" Ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law, drawing, indorsing, accepting, &c. bills or notes by way of accommodation, set-off, mutual credit, unseaworthiness, misrepresentation,... "
Cases Argued and Determined in the Courts of Common Pleas & Exchequer ... - Σελίδα 141
των John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - 1837 - 720 σελίδες
...or common law, drawing, indorsing, accepting, &c. bills or notes by way of accommodation, set off, mutual credit, unseaworthiness, misrepresentation,...deviation, and various other defences, must be pleaded." The defendant therefore must, by this rule, in every species of assumpsit, plead specially in avoidance...

A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - 1838 - 682 σελίδες
...be specially pleaded: as for example, infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law,...deviation, and various other defences must be pleaded." II. 1st. In Debt on specialty or Covenant, " the plea of non est factum shall operate as a denial of...

An Abridgment of the Law of Nisi Prius, Τόμος 1

William Selwyn - 1838 - 802 σελίδες
...otherwise, shall be specially pleaded; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law ;...indorsing, accepting, &c. bills or notes by way of accommog Marsham v. GiUbs, 2 S!r. 1022. and h Elrington v Doihant, 1 Lev. 142Ca. Temp Hard. 173. Adjudged...

Reports of Cases Argued and Determined in the High Court of ..., Τόμος 3

Great Britain. Court of Chancery, James William Mylne, Richard Davis Craig - 1839 - 880 σελίδες
...shall be specially pleaded. Ex. gr. Infancy, coverture, release, payment, performance, Upon illegality of consideration either by statute or common law,...credit, unseaworthiness, misrepresentation, concealment, deviation.and various other defences, must be pleaded."— .ffpg. Gen. Hit. T. 4 Will.4. tit. Pleadings...

Precedents in Pleading: With Copious Notes on Practice, Pleading ..., Τόμος 1

Joseph Chitty, Tompson Chitty - 1839 - 564 σελίδες
...specially pleaded. Ei. gr. Infancy, coverture, release, payment, performance, illegality of tconsideration either by statute or common law, drawing, indorsing,...unseaworthiness, misrepresentation, concealment, deviation, aud various other defences must be pleaded. Perhaps the term " general issue" is no longer strictly...

The Law of Bills of Exchange, Promissory Notes, Checks, &c

Cuthbert William Johnson - 1839 - 258 σελίδες
...shall be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law,...accepting, &c. bills or notes by way of accommodation, set off, mutual credit, &c. and various other defences, must be pleaded. R. II. 4. The defendant shall...

Commentaries on the Laws of England: In the Order, and Compiled from the ...

William Blackstone, John Bethune Bayly - 1840 - 764 σελίδες
...statute or common law, drawmg, mdorsing, accepting, &c., bills or notes by way of accommodation, set off, mutual credit, unseaworthiness, misrepresentation,...deviation, and various other defences must be pleaded. In actions on policies of assurance the interest of the assured may be averred thus, « that ABC and...

Borough court rules [for Wells] made, allowed, and confirmed in pursuance of ...

sir Peter Stafford Carey - 1841 - 112 σελίδες
...daily. be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law,...actions on policies of assurance the interest of the interest of assured may be averred thus: — assured, how to " That ABC and D., or some or one of them,...

An Abridgment of the Law of Nisi Prius, Τόμος 1

William Selwyn - 1842 - 784 σελίδες
...shall be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration, either by statute or common law...deviation, and various other defences must be pleaded. A broad distinction is made in the first of these rules between actions of assumpsit on express contracts,...

Cases Argued and Determined in the Court of Common Pleas: With ..., Τόμος 2

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1842 - 1050 σελίδες
...otherwise, shall be specially pleaded. Ex. gr. infancy, coverture, release, payment, performance, illegality of consideration, — either by statute or common...deviation, and various other defences, must be pleaded." Vide Alcock v. Taylor, 6 Nev. <5f Mann. 298.; antS, Vol. I. p. 232. 1841. faction and discharge of...




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