An Essay on the Law of Contracts: For the Payment of Specifick Articles

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The author, 1822 - Contracts - 224 pages
 

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Page 102 - This was a writ of error brought to reverse a judgment of the Court of King's Bench.
Page 81 - THOU shalt not see thy brother's ox or his sheep go astray, and hide thyself from them : thou shalt in any case bring them again unto thy brother. And if thy brother be not nigh unto thee, or if thou know him not, then thou shalt bring it unto thine own house, and it shall be with thee until thy brother seek after it, and thou shalt restore it to him again.
Page 179 - King said, that he thought the law was founded upon reason, and that he and others had reason, as well as the Judges: to which it was answered by me, that true it was, that God had endowed His Majesty with excellent science, and great endowments of nature; but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects, are not to be decided by natural reason but by the artificial reason...
Page 178 - ... the law is unknown to him that knoweth not the reason thereof, and that the known certainty of the law is the safety of all.
Page 21 - ... his, her, or their order, or unto bearer, any sum of money mentioned in such note, shall be taken and construed to be by virtue thereof due and payable to any such person or persons, body politic and corporate, to whom the same is made payable...
Page 112 - That the court erred in instructing the jury that if they found from the evidence that the defendant...
Page 44 - To be sure under this averment the plaintiffs must have proved that they were prepared to tender and pay the money if the defendant had been ready to have received it and to have delivered the goods : but it cannot be necessary in order to entitle them to maintain their action that they should have gone through the useless ceremony of laying the money down in order to take it up again. It would be repugnant to common sense to require it.
Page 179 - ... the law was founded upon reason, and that he and others had reason, as well as the judges: to which it was answered by me, that true it was that God had endowed his majesty with excellent science, and great endowments of nature ; but his majesty was not learned in the laws of his realm of England...
Page 81 - If thou meet thine enemy's ox or his ass going astray, thou shalt surely bring it back to him again. If thou see the ass of him that hateth thee lying under his burden, and wouldest forbear to help him, thou shalt surely help with him.
Page 179 - A controversy of land between parties was heard by the King, and sentence given, which was repealed for this, that it did belong to the common law: then the King said, that he thought the law was founded upon reason, and that he and others had reason, as well as the Judges...

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