A Treatise on the Law of Obligations and Contracts, Book 10

Front Cover
T. & T. Clark, 1847 - Contracts - 303 pages

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Page 99 - ... for the forbearance of one hundred pounds for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter time...
Page 84 - The principle of public policy is this; ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 84 - No Court will lend its aid to a man who ' founds his cause of action upon an immoral or an illegal act. If, ' from the plaintiff's own stating or otherwise, the cause of action ' appears to arise ex turpi causa, or the transgression of a positive ' law of this country, then the Court says he has no right to
Page 66 - The law is settled, that a holder, coming fairly by a bill or note, has nothing to do with the transaction between the original parties; unless, perhaps, in the single case, (which is a hard one, but has been determined,) of a note for money won at play.
Page 177 - It would be Inconvenient that matters in writing, made by advice and on consideration. and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties, to be proved by the uncertain testimony of slippery memory.
Page 99 - ... engine, or deceitful conveyance, for the forbearing or giving day of payment for one whole year, of and for their money or other thing, above the sum of...
Page 225 - If the money has been paid, it cannot be recovered back without proof of fraud ; but a promise to pay will not in general be binding, unless founded on a previous liability. What is an adjustment? An admission, on the supposition of the truth of certain facts stated, that the assured are entitled to recover on the policy.
Page 90 - Time; and that all Bonds, Contracts, and Assurances whatsoever, made after the Time aforesaid, for Payment of any Principal or Money to be lent or covenanted to be performed upon or for any Usury, whereupon or whereby there shall be reserved or taken above the rate of Five Pounds in the Hundred, as aforesaid, shall be utterly void...
Page 85 - Dunkirk to be sent to England at a certain price, and the plaintiff had undertaken to send it into England, or had had any concern in the running it into England, he would have been an offender against the laws of this country. But upon the facts of the case, from the first to the last, he clearly has offended against no law of England.
Page 75 - The law will not permit any one to restrain a person from doing what his own interest and the public welfare require that he should do. Any deed, therefore, by which a person binds himself not to employ his talents, his industry, or his capital, in any useful undertaking in the kingdom, would be void.

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