| Law - 1833 - 560 pages
...accepting, or presenting, or notice of dishonor of the bill or note. 3d, 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,... | |
| Law reports, digests, etc - 1837 - 972 pages
...to operate as a denial of the sale and delivery in point of fact, and in every species of assumpsit, all matters in confession and avoidance, including...point of law, on the ground of fraud or otherwise, must be •pecially pleaded. One of the general objects of these new rules was to compel a defendant... | |
| Law - 1832 - 504 pages
...denial of the goods sold or money lent, &c. in point of fact ; and that 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, shall be specially pleaded. ' In... | |
| John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1833 - 790 pages
...by way of " 3 • • PLEADING. discharge, but those which shew the transaction to be in assumpsit, either void or voidable in point of law, on the ground...of ^ fraud or otherwise, shall be specially pleaded ; ex. gr. abidance to be * " pleaded speimancy, coverture, release, payment, performance, illega- ciaiiy.... | |
| Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1834 - 652 pages
...presenting, or notice of dishonour of the bill or note. * ' ' • 3. In every species of nssumpsti, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded. Ex. gr. Infancy — coverture— release — payment — performance — illegality of consideration,... | |
| England, Great Britain - Justice, Administration of - 1834 - 254 pages
...accepting or presenting, or notice of dishonour of the bill or note. 3d. 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,... | |
| Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1834 - 1022 pages
...refused. PATTESON, J. — The new rules of pleading, of HT 4 W. 4 (a), expressly say, that all matters which shew the transaction to be either void or voidable in point of law, must be pleaded ; and among the examples is mentioned, illegality of consideration, either by statute... | |
| Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1835 - 818 pages
...issue, involving matter of law as well as matter of fact, but a mere denial of matter of fact; and all matters in confession and avoidance, including...transaction to be either void or voidable in point of law, must be specially pleaded. The object of the rule was, that neither party should be taken by surprise,... | |
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