 | 1833 - 560 pàgines
...or making, or indorsing, or accepting, or presenting, or notice of dishonor of the bill or note. 3d, 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,... | |
 | 1832 - 504 pàgines
...defence shall be admissible, except a denial of the goods sold or money lent, &c. in point of fact ; and that in every species of assumpsit all matters in...not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law, shall be specially pleaded. ' In... | |
 | England, Great Britain - 1834 - 254 pàgines
...or making, or indorsing, or accepting or presenting, or notice of dishonour of the bill or note. 3d. 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,... | |
 | 1834 - 576 pàgines
...accepting, or presenting, or notice of dishonor of the bill or note. 3d, In every species of assumpeit, 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, Peregrine Bingham - 1835 - 818 pàgines
...issue, involving matter of law as well as matter of fact, but a mere denial of matter of fact; and all matters in confession and avoidance, including...transaction to be either void or voidable in point of law, must be specially pleaded. The object of the rule was, that neither party should be taken by surprise,... | |
 | Great Britain. Court of Common Pleas, John Scott - 1835 - 816 pàgines
...warranty. The third example under the same rule seems to me to apply more closely to the present case — " In every species of assumpsit, all matters in confession...discharge, but those which shew the transaction to he either void or voidable in point of law, on the ground 01 fraud or otherwise, shall be specially... | |
 | Great Britain. Court of Exchequer - 1836 - 816 pàgines
...fact from which the promise or contract alleged may be ODDY. implied by law. It then proceeds, (s. 3) that in every species of assumpsit all matters in...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.... | |
 | Great Britain. Court of Common Pleas, Sir William Hodges - 1836 - 508 pàgines
...but not of the breach." Per Curium. — The third example is more in point with the present case. " All matters in confession and avoidance, including not only those by way of discharge, but these which shew the transaction to be either void or voidable in point of law, on the ground of fraud,... | |
 | Thomas Charles Morton - 1836 - 526 pàgines
...denial of the sale and delivery in point of fact." " In every species of assumpsit, all matters of 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,... | |
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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... 
