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 Utility Volume 57

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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. 1902 edition. Excerpt: traversed. TINDAL, Ch. J.: If the secretary had answered the plaintiff's PoN'rIrax effected?) Yes. (TINDAL, Ch. J.: I think not. Commm, J.: You answer the allegation of damage only argumentatively. 1Lw1.a, J.: The plea does not even aver that the policy eflected by the plaintiff is secure. It may not be equally secure, and may be of diflerent value, by reason of the falsehood of the representations. Can it be said that the statement in the declaration, that the policy is of less value, is traversed, by an allegation, that so much has been done as was necessary for the security of the insurance? Easxma, J.: The object of parties, in insuring in one oflice 83 rather than in another, is, generally, the obtaining of some collateral advantage, and not merely increase of security.) The declaration does not disclose suflicient damage to support an action. (lLwLs, J.: Suppose that, upon the sale of a horse, the representations were, that the horse had two eyes, when in fact he had but one, would it not be sufficient to aver--that the horse was of less value, without stating how that defect lessened the value of the horse? TINDAL, Ch. J.: This case appears to range itself within the class of cases in which it has been held, that facts lying peculiarly within the knowledge of the other party need not be alleged with much particularity.) TINDAL, Ch. J.: The opinion of the Court has been expressed as the case proceeded. MARTINEZ AND Anornsn 21. GERBER. (3 Man. & G. 88-92; S. O. 3 Scott, N. R. 386; 10 L. J. C. P. 314; 5 Jur. 463.) Case, per quad aervitium mnisit, may be maintained by the master, although the injury done to the servant was not direct, but consequential. and the servant could not have maintained an action of trespass for more

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  • Paperback | 382 pages
  • 189 x 246 x 20mm | 680g
  • United States
  • English
  • black & white illustrations
  • 1236840593
  • 9781236840592