Reports of Cases Volume 13
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Book 1
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Book 3
Book 1
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Reports of Cases Volume 13

Reports of Cases Volume 13


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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. 1878 edition. Excerpt: ...believed Miller that there was a sale they must find for the plaintiffs. If they believed Smith that there was no sale and that the goods were merely placed in defendants' hands as agents to be sold to a responsible person, did the defendants discharge their duty as agents properly, and sell to a responsible party? If not, they were liable for neglect of duty as agents or bailees. The jury found a verdict for the plaintiffs for the amount of their claim. F')'aser in Michaelmas Term last, obtained a rule nisi for a new trial on the grounds of misdirection in that the learned Judge should have told the jury that there was a former recovery for the same cause of action, and the verdict was against the weight of evidence. A. L. Palmer, Q. C., showed cause on a former day in this term, contending that while the former action was for goods sold and delivered, these goods were not sold to the first 'firm of Carman & Co. They were stopped for the plaintiffs in transitu, and never Frost v. The Liverpool and London and Globe Insurance Company. came to their hands. The confession only covered the goods formerly sold. It was for the defendants to show that they had paid this claim before. The plainliff took this confession as a satisfaction of their claims against the first firm, but not against the second. Fraser contra. Cur. adv. vult. RITCHIE, C. J., now delivered the judgment of the Court. No think there was no evidence in this case of a former rec very. The items now sought to be recovered were not only with wn from the action against Lingley, Fisher, Carmen and Smith, but the evidence showed very clearly that as against these four, plaintiffs had no legal claim. There was positive evidence by plaintiffs' traveller that he sold...


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Product Details
  • ISBN-13: 9781230039428
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 230
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1230039422
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 417 gr


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