Roscoe's Digest of the Law of Evidence on the Trial of Civil Actions, Volym 1Stevens & Sons, 1922 - 1351 sidor |
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Vanliga ord och fraser
acceptance acceptor action admissible admitted agent agreement amount attesting authority Bank Bank of England banker bill of exchange bill of lading Bing breach buyer Camp carrier cheque claim common carrier common law consignee contract copy court damages debt declaration deed defendant defendant's delivered delivery deposit dishonour document drawee drawer entitled entry Ex pte execution fact fraud given held holder indorsement Insur issue Jones judge judgment jury L. J. Ch L. J. Ex Lancashire land lease liable London marriage oral evidence paid partner party payable payment person plaintiff pleaded primâ facie promise promissory note proof prove purchaser purporting question railway receipt received recover refused rent rule seal sect seller ship shipowner signature signed Smith sold solicitor stamp statute sufficient supra Taunt tenant testator trial unless vendor Vict warranty witness
Populära avsnitt
Sida 126 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Sida 81 - The civil practice act also provides under section 209 that all persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Sida 136 - That no appointment made by will, in exercise of any power, shall be valid, unless the same be executed in manner herein-before required; and every will executed in manner hereinbefore required shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by will, notwithstanding it shall have been expressly required that a will made in exercise of such power should be executed with some additional or other form of execution or solemnity.
Sida 275 - That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Sida 503 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no ' suit shall be brought or maintained in any court of law or equity, for recovering any sum of money, or valuable thing, alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Sida 429 - Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer.
Sida 272 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to, or to the order of a specified person, or to bearer.
Sida 364 - ... every bill of lading in the hands of a consignee or indorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods, or some part thereof, may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been, in fact, laden on board...
Sida 534 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of a breach of it.
Sida 374 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose.