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 69

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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. 1904 edition. Excerpt: ...that when divers doe a trespasse, the same is joynt or severalle at the wil of him to whom the wronge is done, yet, if he release to one of them, all are discharged; because his own deed (1) The following points were marked for argument on the part of the plaintifls: "A matter of law intended to be argued in support of the demurrer, is, that the deed in question does not operate, in point of law, to discharge the defendant from his covenant. "The plaintiffs will contend that the deed by which their testator covenanted not to sue the defendant's co-surety, but expressly reserved the liability of the principal and the defendant, did not operate as a release of the defendant from his covenant." (2) Co. Litt. 232 a. shall be taken most strongly against himself." But, where a release was given by the plaintiffs to A., one of two partners, with a proviso that it should not prejudice any claims which the plaintifis might have against B., the other partner; and that, in order to enforce the claims against B., it should be lawful for the plaintiffs to sue A. either jointly with B. or separately; and, in an action against A. and B., this release having been pleaded by A., and set out on oyer in the replication, with an averment that the action was prosecuted against A. jointly with B. for the purpose of enabling the plaintiffs to recover moneys due to them from B. and A., either out of the joint estate of B. and A., or from B. or his separate estate; the Comvr, in effect, held that the action might be maintained, by overruling a demurrer to the replication: Solly v. Forbes (1). Cocks v. Nash (2) is also in point. (WILLIAMS, J.: Did not that case turn entirely on the point whether you could vary a deed by parol?) It shows that...
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Product details

  • Paperback | 360 pages
  • 189 x 246 x 19mm | 644g
  • United States
  • English
  • black & white illustrations
  • 1236958969
  • 9781236958969