The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical

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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. 1898 edition. Excerpt: ...and to enter a nonsuit, or proceed to a new trial, on the ground that the finding of fraud was contrary to the evidence; and that if the transaction were bond fide, the defendant was entitled to retain the money. In Holmes v. Blogg(1) it was expressly decided that if an infant pay money with his own hand, he cannot get it back again, although it were paid without a valuable consideration. Colerirlqc, Serjt. shewed cause: Even if the transaction were bond jide, the defendant has no right to retain the money. First, because it was paid by an infant in pursuance of an agreement to enter into trade; and an infant not being competent to incur the liabilities of trade, the plaintiff had a right to avoid such a contract: when the contract was avoided, the money was held by the defendant without consideration, and might be recovered in assumpsit for money had and received: Austen v. Gervas (2); Perk. s. 12, Grants; Zauch v. Parsons (3); Vin. Abr. Infant (D). Secondly, because the payment made by the plaintiff is in the nature of a penalty for non-performance of a contract, and an infant is not liable to a penalty: 1'ishr;r v. 1lIowbra_z/(4). In Holmes v. Blogg, Gums, Ch._J. dropped certain general expressions which may appear adverse to the plaintiff 's claim in this action, but those expressions must be taken with reference to the facts (1) 19 B. R. 445 (s Taunt. 35, aos). (2) Hob. 77. (3) 3 Burr. 1794. (4) s East, 330. Conrn then before the Court. The infant sought to recover money QVEQQ-oN_ which he had paid as a premium upon a lease under which he had for some months enjoyed certain premises demised to him and another; he had, therefore, received a consideration for his money, and it would have been impossible to place more

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  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 1236814878
  • 9781236814876