Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 20

Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 20

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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. 1866 edition. Excerpt: ...that the possible contingency of the judgment of the foreign court being set aside there, is no answer to an action to enforce it here. I b. 9. He further pleaded (13), that the court of the Tribunal de Commerce was not a court of competent jurisdiction according to the French law, because the defendant was not a trader when he accepted the bills, and because the bills falsely purported to be drawn at Orleans, whereas they were not drawn there, nor was the drawer domiciled there at the time the bills were drawn: --Held, bad, --it sufficiently appearing that the Tribunal de Commerce had jurisdiction over the subject-matter of the suit, and that the matters alleged in the plea were matters which (if any defence) might and ought to have been set up by way of defence in that court. Ib. 10. The second count stated, that certain bills of exchange were drawn upon the defendant by V., and accepted by him and dishonored, that V_ died, and the plaintifl' was according to the laws of France "the donee of the universality of the personal and real estates belonging to the succession of V., and thereupon became entitled to all debts, claims, and causes of action which the deceased was entitled to, and the same became and were according to the said laws vested in the plaintiff personally and absolutely, in the same manner as they were vested in V., and the plaintiff was entitled to demand and sue for the same in her own name and in her own right, and the claims and rights of the deceased upon the said bills became vested in the plaintiff, and she became entitled to sue the defendant thereupon in her own name and in her own right: --Held, good, --it sufiiciently appearing that the plaintiff was entitled to sue upon the bills in her own right: the fact...show more

Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236838882
  • 9781236838889