 | 1848 - عدد الصفحات: 592
...v. Hinchc'ijf, 4 B. & C. 547.) It is iid down in the New Rules " that in every species of assnmpsit all matters in confession and avoidance, including not only those by way of satisfaction and discharge, but those which shew the transaction to be void or voidable in point of... | |
 | Henry Roscoe - 1844 - عدد الصفحات: 910
...from which the contract or promise alleged may be implied by law. (2.) In every species of asstimpsit, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded ; ex. gr. infancy, coverture, release, payment, performance, illegality of consideration either by... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1844 - عدد الصفحات: 988
...not be given in evidence under the general issue. The rule of II. T., 4 Will. 4, is express, that " in every species of assumpsit, all matters in confession...discharge, but those which shew the transaction to be void or voidable in point of law, on the ground of fraud or otherwise, shall be specially pleaded;... | |
 | Joseph Chitty - 1844 - عدد الصفحات: 780
...avoidance, CAUSE OF including not only those by way of discharge, but those which show the ACTION. transaction to be either void or voidable in point of law, on the ground of Matters in fraud or otherwise, shall be specially pleaded : — ex. gr. infancy, coverture, confession... | |
 | Samuel Warren - 1845 - عدد الصفحات: 1174
...or making, or indorsing, or accepting, or presenting, or notice of dishonour of the bill or note. 3. In every species of assumpsit, all matters in confession...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, John Scott - 1854 - عدد الصفحات: 1046
...presenting, or notice of dishonour of the bill or note. 8. In every species of actions on contract, all matters in confession and avoidance, including...of fraud or otherwise, shall be specially pleaded ; exempli gratia, infancy, coverture, release, payment, performance, illegality of consideration, either... | |
 | Great Britain. Bail Court - 1846 - عدد الصفحات: 1082
...Pleading Rules, Reg. Gen., Hil., 4 Win. 4, Rules 1 and 3, REUMONU 'assumpsit.' The latter rule states that "all matters in ., "• confession and avoidance, including not only those by way and Another, of discharge, but those which shew the transaction to be either void or voidable in point... | |
 | Joseph Chitty - 1847 - عدد الصفحات: 1002
...existence of those facts which make such receipt by the defendant a receipt to the use of the plaintiff." " In every species of assumpsit all matters in confession...and avoidance, including not only those by way of disc/large, but those which show the transaction to be either row or voidable in point of law, on the... | |
 | 1848 - عدد الصفحات: 1170
...law, the defendant could not confess and avoid. [WIGHTMAN, J. — Section 3. of the rule says that, " in every species of assumpsit all matters in confession...of fraud or otherwise, shall be specially pleaded" ; that seems to apply to everything which renders a sale void.] LORD DENMAN, CJ — I do not know how... | |
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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... 
