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 ... - Page 141by John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833Full view - About this book
| Great Britain. Court of King's Bench - Law reports, digests, etc - 1835 - 1218 pages
...illegality of consideration, either by statute, or common law — drawing, indorsing, accepting, 4c. bills or notes by way of accommodation — set-off...actions on policies of assurance the interest of the assured may be averred thus : — ." That ^A,, S., C., and D., or some or one of them, were or was... | |
| Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1835 - 818 pages
...given under the third rule; ex.gr.: " Infancy, coverture, release, payment, performance, illegality of consideration, either by statute or common law;...accommodation; set-off, mutual credit, unseaworthiness, concealmeant, deviation." What is this defence, but that the formalities required by statute to make... | |
| Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1835 - 816 pages
...performance, illegality of consideration either by statute or common law, drawing, indorsing, accepting, fyc., bills or notes by way of accommodation, set-off, mutual...deviation, and various other defences, must be pleaded (b)." Since that rule, (b) Reg. Gen. HT 4 Will. 4, " Pleadings in particular actions," 1,3. Ante, Vol.... | |
| Great Britain. Bail Court, Alfred Septimus Dowling - Civil procedure - 1835 - 944 pages
...otherwise, shall be specially pleaded. Ex.gr. Infancy, coverture, release, payment, performance, eligibility of consideration, either by statute or common law,...accepting, &c. bills or notes by way of accommodation." In order, therefore, to set up our defence, an usual one in cases of accommodation bills, it is absolutely... | |
| Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - Law reports, digests, etc - 1835 - 1232 pages
...set-off — mutual creditunseaworthiness — misrepresentation — concealment — deviation — aad various other defences, must be pleaded. 4. In actions on policies of assurance the interest of the assured ma; be averred thus : — " That A., S., C., «nd D., or some or one of them, were or was interested,"... | |
| Joseph Chitty - Civil procedure - 1835 - 1032 pages
...indebted," to be admissible to the like extent as non assumpsit, but matters ill avoidance to be specially pleaded. 4. In actions on policies of assurance, the interest of the assured maybe averred thus :— " That A., B., C., andD., or some or one of them, were or was interested,... | |
| Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...shall be specially pleaded;— ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by statute or common law,...credit, unseaworthiness, misrepresentation, concealment, and various other defences, must be specially pleaded"(#z). Thus, the absence of a written agreement,... | |
| Great Britain. Court of Common Pleas, Sir William Hodges - Law reports, digests, etc - 1836 - 508 pages
...illegality of consideration, either by statute or common law, drawing, indorsing, accepting, £c., bills or notes by way of accommodation, set-off, mutual...concealment, deviation, and various other defences must be pleudcd. (b) 3 Camp. 372. (c) 2 Ado. & Ellis, 414. The authority of this case is doubted in Taylor... | |
| Cuthbert William Johnson - Bills of exchange - 1837 - 236 pages
...otherwise, 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... | |
| William Tidd - Civil procedure - 1837 - 942 pages
...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, unseaworthiness, misrepresentation, concealment, deviation, and various other... | |
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