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 62

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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. 1903 edition. Excerpt: ...the plaintiff, jointly, applies to the money paid into the Bank, and not to the money paid to the defendant. Upon the whole, therefore, we are of opinion that the rule should be made absolute. Defendant gave a warrant of attorney to secure a debt payable by instalments, the plaintiff to be at liberty, in case of any default, to have judgment and execution for the whole, as if all the periods for payment had expired: Held that, in an action of assumpsit on the implied promise to pay according to the terms of the defeazance, defendant might show, under a. plea of the Statute of Limitations, that the first default was made more than six years before action; and that this was a complete defence, not only as to instalments due more than six years ago, but also as to those due within that period. Assumrsir against defendant as administrator of Charles Garland. The declaration stated that Charles Garland, in his lifetime, to wit on 25th April, 1832, was indebted to the plaintiff in 330l. for money found to be due on an account stated; and, being so indebted, and for securing payment, duly executed a warrant of attorney directed to certain persons &c. (the warrant was then set out), subject to a defeazance, indorsed thereon, to the tenor and effect following; that is to say: that the warrant of attorney was given by deceased to plaintiff, to secure payment of the said 3301., the debt &c. due to the plaintiff, with interest at 5 per cent., and 7l. 7s. the costs of the warrant of attorney, in manner following; that is to say: 571. 7-sx, and interest on 501., on the 29th of September, 1832; 25l. and interest, on 25th of December, 1832; and 25l. and interest, on 25th of March, 24th of June, 29th of September, and 25th of December, in each more

Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • United States
  • English
  • black & white illustrations
  • 1236903722
  • 9781236903723