Reports of Cases Argued and Determined in the High Court of Chancery; During the Time of Lord Chancellor Eldon Volume 1

Reports of Cases Argued and Determined in the High Court of Chancery; During the Time of Lord Chancellor Eldon Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1821 edition. Excerpt: ...All payments were to be made by B. Wood; and Rowe was not to draw for more than 1000/. pei-annum: this was of no use, unless a general agreement had been entered into with his A a 2 other other creditors. This agreement is dated the 7th of May, 1818, and it is signed by B. Wood for himself, and for M. and P. W. Wood, and also by J. Basse. Then follow the averments in the plea. Plea of an executory agreement, which only avers that it has not been waived or determined, is insufficient. When this was argued before me, a great deal of learned observation was made on the question, whether this was to be pleaded as a plea puis darrein continuance, or a plea in bar, whether it had sufficient averments, containing no averment of the party having been ready and willing to perform the agreement on his part, and how far such averments were necessary in a plea at law. I have not troubled myself with much consideration on that subject; for, diough I think I understand pretty well our common-law pleadings, I am under great difficulty in understanding some of our equity books upon equity pleadings. It is enough here to say, that diis is an executory agreement; and whether it should be pleaded as a plea in bar, or as a plea puis darrein continuance, (which, from our common-law books, I find may be pleaded as a plea in bar in some cases, ) or whether it is necessary to aver that the party was ready and willing to do so and so, I am decidedly of opinion, that it is not enough to satisfy this court that an executory agreement of diis kind will be acted upon in this court, by merely averring that it has not been waived or determined. It may be a reason for carrying it into effect; but it may not be waived and determined, and yet it may turn out, that the Court...show more

Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236526546
  • 9781236526540