 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - عدد الصفحات: 998
...stating the facts specially can be held bad on special demurrer. The new rules further order, that " In every species of assumpsit, all matters in confession...discharge, but those which shew the transaction to 1836. HAYSELDEN v. STAFF. 1836. be either void or voidable in point of law, on the ground of ^*v"*"^... | |
 | Joseph Chitty, Tompson Chitty - 1839 - عدد الصفحات: 564
...post, 204, 376.) ILLEGAL^ CONSIDERATION. VOID CONTRACTS: — We have seen that by the New Rules, " in every species of assumpsit all matters in confession...not only those by way of discharge, but those which show the transaction to be void or voidable in point of law, on the. ground of fraud or otherwise,... | |
 | Cuthbert William Johnson - 1839 - عدد الصفحات: 258
...accepting, or presenting or notice of dishonour of the bill or note. 3. In every species of assumpit, all matters in confession and avoidance, including...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | Great Britain. Court of Common Pleas, John Scott - 1839 - عدد الصفحات: 1084
...that the" implied contract is rebutted by some law. Then comes the tMrd rule, which provides, that, " in every species of assumpsit, all matters in confession and avoidance, including not oni\ those by way of discharge, but those which shew the transaction to be either void or voidable... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1839 - عدد الصفحات: 770
...arises from matter of fact only, and operates as a discharge from the contract rather than as shewing the transaction to be either void or voidable in point of law, because the transaction itself, which is the original, was neither void nor voidable in point of law.... | |
 | John Collyer - 1840 - عدد الصفحات: 1016
...avoidance, both in «*sumpsit and debt, must be specially pleaded ; that is to say, not only matters by way of discharge, but those which shew the transaction...point of law, on the ground of fraud or otherwise; as, for instance, infancy, coverture, release, payment, performance, illegality of consideration, drawing,... | |
 | Great Britain. Court of King's Bench - 1840 - عدد الصفحات: 796
...Then when the language of the new rule is considered, that " all matters in confession and avoidance, not only those by way of discharge, but those which...shew the transaction to be either void or voidable (/)," shall be specially pleaded, it seems impossible to contend that this case does not come within... | |
 | Great Britain. Court of King's Bench, Sir Erskine Perry, Sir Henry Davison - 1840 - عدد الصفحات: 796
...Then when the language of the new rule is considered, that " all matters in confession and avoidance, not only those by way of discharge, but those which...shew the transaction to be either void or voidable (/)," shall be specially pleaded, it seems impossible to contend that this case does not come within... | |
 | William Blackstone, John Bethune Bayly - 1840 - عدد الصفحات: 764
...must be specially pleaded, as in actions of assumpsit. In every species of assumpsit all matters m confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise,... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - عدد الصفحات: 1068
...think that fact covered by the denial of the indorsement.] Under the new rules those matters *hich shew the transaction to be either void or voidable...point of law, on the ground of fraud or otherwise, are 1841. ALOOCK v. ALCOCK. 270 1841. ALCOCK. v. ALCOCK. to be specially pleaded, (a) \Bosanquet J.... | |
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In every species of assumpsit, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, on the ground of fraud or otherwise, shall be specially... 
