Reports of Cases Volume 2

Reports of Cases Volume 2

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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. 1882 edition. Excerpt: to Rankin, the Plaintiff was entitled to half the value of the excess in money had and received. A verdict was given for the Plaintiff for 43 12s. 6d. In last Trinity Term the Solicitor General fived for and obtained a rule m'sz' to set aside the verdict. He argued: 1st. If the Plaintiff were entitled to recover, he should have i brought trover for any quantity that came to his possession. A party could only waive a tort and bring assumpsit where a contract could be implied. Here, that could not be the case; the Defendant claimed Gill's share, and he received the timber as Gill's; if, therefore, he had got more than Gill was entitled to have, the Plaintiif, after a demand, might, perhaps, be entitled to recover in trover, but could maintain assurnpsit only against his co-tenant, Gill; and in order to do so he must prove an actual sale, and money paid, which had not been shown in this case. 2nd. The Plaintifl' claimed for his separate property and a proportion of his joint property; he had received more than the amount of his separate property in Fredericton. It did not appear whether 'what he so received was his sole property or not; he had not shown the quantity of timber he claimed, but sought to spell it out from the number of joints and the contents of the whole twenty-four joints. There was not evidence to go to the jury in the way the cause was left; the rights of the parties could only be determined in equity. 1 Chit. Pl.;1 Lee v.Sl'1ore;2 Lindon v. Hooper;3 Hill 1: . Perrott;' Buller N. P.;5 Marsh o. Keaztiaq.6 N. Parker and Berton showed cause in Michaelmas Term. The Plaintifl' claimed the value of his separate property as goods sold, and the value of his proportion of the joint property of Gill...
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Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236804899
  • 9781236804891