Chitty's Treatise on Pleading and Parties to Actions; With a Second Volume Containing Modern Precedents of Pleadings, and Practical Notes ...

Chitty's Treatise on Pleading and Parties to Actions; With a Second Volume Containing Modern Precedents of Pleadings, and Practical Notes ...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...at the same time and place when and where the defendant was so gaming as aforesaid. as the plaintiff then well knew." And the defendant says that the said bill was accepted (g) or " inclosed " by him to secure to the plaintiff the sum of then won by the plaintiff from the defendant by such gaming as aforesaid or " by betting on the sides of the said persons so gaming as aforesaid; " or " to secure to the plaintiff the repay ment of the said sum so lent and advanced as aforesaid "; and except as aforesaid, there never was any value or consideration for the accepting or "'ind0rsement" of the said bill by the defendant. If the action be brought by an indorsee of the party to whom the bill was m'gz'nally given, add one of the averments at the end of F orm 29, ante, 340. OBS.--See Obs. forms of declarations, and notes, ante, 137; "Indemnity," ante, 151, and post. The general issue non assuna/wit, would deny that in fact the contract alleged was made, as also that it was made on the consideration alleged by the plaintiff. Raikes 0. Todd, 8 Ad. & E. 854. See Obs. ante, 277. A plea to an action on a guaranty for the fidelity of a clerk, that the plaintifi took the clerk into his service before the defendant guarantied his fidelity, and therefore that the defendant's rornise was nwlum pactum, was held bad, as amounting to non assumpsit. yall v. Higgins, 4 Q. B. 528. The insufliciency of the contract under the statute of frauds, and the mercantile law amendment act, 19 & 20 Vict. c. 97, s. 8, ante, Obs. 137, may be objected to under the general issue non assumpsit. Eastwood v. Kenyon. 11 Ad. & E. 438; Glover v. Halkett, 2 H. & N. 487; ante, ..".show more

Product details

  • Paperback
  • 189 x 246 x 25mm | 880g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236782976
  • 9781236782977