The Exchequer Reports; Report of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber...Trinity Term. 10 Vict.. to [Hilary Vacation, 19 Vict.] Both Inclusive. [1847-1856] Volume 8

The Exchequer Reports; Report of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber...Trinity Term. 10 Vict.. to [Hilary Vacation, 19 Vict.] Both Inclusive. [1847-1856] Volume 8

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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. 1854 edition. Excerpt: ...the said committee have always, from the time when the said diffference and dispute between the said committee and the plaintiff arose, been ready and willing, as the plaintiff well knew, to refer the matters of the said difference and dispute, the same being matters relating to the said insurance, and to have them referred to arbitration, and to have the same decided by arbitration, and to have the said loss ascertained and settled by arbitrators, according to the true intent and meaning of the said rule; but the plaintiff was not ready or willing so to do, and the matters of the said difference and dispute have not nor has any of them been referred to arbitrators or decided, nor has the said loss been ascertained or settled by arbitrators, as by the said rule is in such case required. Demurrer to each of these pleas, and joinder. Atherton (C. E. Pollock with him) in support of the demur-M93 rer.--The pleas are bad. The sixth plea contains all the allegations to be found in the fifth, and the additional allegation that the committee have ascertained and settled the sum to be paid'to the plaintiff. If, therefore, the sixth plea does not afford any answer to the action, the fifth plea cannot be supported. The sixth plea is bad. It will be contended on the part of the defendant, that this rule of the association forms an essential part of the contract; and that by its terms the plaintiff has precluded himself from suing for a breach of the contract until the committee shall have first settled the sum to be paid. But that can at the most give the parties the option to refer matters in dispute that have reference to the insur ance; it cannot oust the jurisdiction of the superior Courts. The plea does not rest upon the defence of an...show more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236796853
  • 9781236796851