 | Great Britain. Courts - Law reports, digests, etc - 1854 - 814 pages
...Pleadings in particular Actions, I. Assump- I sit, s. 3, 5 B. & Ad. viii. : "In every species of assumpsit, all matters in confession and avoidance, including...transaction to be either void or voidable in point of law," — " shall be specially pleaded. Ex. gr. : infancy — coverture — release — payment — performance... | |
 | Law - 1854 - 836 pages
...matters of confession or avoidance, including not only those by way of discharge, but those that show the transaction to be either void or voidable in point...of fraud or otherwise, shall be specially pleaded, eg infancy, coverture, release, payment, performance, illegality of consideration either by Statute... | |
 | George Atkinson - Bailiffs - 1854 - 360 pages
...existence of those facts which make such receipt by the defendant a receipt to the use of the plaintifF. k All matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be a Rex v. Leilh, supra. b Fair v. M'lver, 16 Enst, 130. c See Wilkins v.... | |
 | William Francis Finlason - Civil procedure - 1855 - 668 pages
...by way of dis- K;£j', *?' ^' charge, but those which show the transaction to be either void r 3 ' or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded; exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, either... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - Landlord and tenant - 1856 - 1138 pages
...matters of !?eanyerai]y °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,... | |
 | John Pitt Taylor - Evidence (Law) - 1858 - 898 pages
...materially different from 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,... | |
 | Joseph Chitty - Forms (Law) - 1859 - 892 pages
...coverture, release, payment, performance, illegality of consideration, &C. 3. 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 periods, and that before... | |
 | Edmund Powell - Evidence (Law) - 1859 - 540 pages
...condition precedent to its 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,... | |
 | Great Britain, Sir John Charles Frederic Sigismund Day - Civil procedure - 1861 - 586 pages
...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...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,... | |
 | William Selwyn - Nisi prius - 1861 - 874 pages
...commencement of the risk, of 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,... | |
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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... 
