Cases in the Common and Exchequer Chamber [1834-1840] Volume 2 (Paperback)
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Von Händler/Antiquariat, BuySomeBooks [52360437], Las Vegas, NV, U.S.A.
This item is printed on demand. Paperback. 320 pages. Dimensions: 9.7in. x 7.4in. x 0.7in.This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 Excerpt: . . . try the question of his liability in the present form of action; for, if the plaintiffs should rerecover against him, and receive satisfaction, the present defendant can never be compelled to pay the money over again. Or, if we put the case the other way, and suppose the defendant to succeed in the present action, and obtain a judgment on a plea which goes to the merits, we are of opinion that in that case also the judgment would be a bar to any subsequent action which should be brought by the solvent plaintiff in conjunction with the assignees of the bankrupt. Suppose here a second action brought by the assignee, would a judgment for the plaintiff in this case affect his right to sue In Wettenhall v. Graham, the cause of action was one that did not pass to the assignee--Clark v. Calvert, 8 Taunt. 742. Then, the fact of the debt for which this action is brought having been assigned previously to the bankruptcy, though it may afford very good matter for a replication, is clearly no argument to shew that the bankruptcy of the plaintiff is not prima facie an issuable plea: nor would a disclaimer on the part of the assignee preclude him from hereafter suing. Tindal, C. J. --It appears to me that this case is distinguishable from Staples v. Holdsworth; there the bankruptcytook place after the commencement of the action--and of one of the plaintiffs only: here, there is only one plaintiff, and his bankruptcy took place before the com mencement of the action. I think the rule for setting aside the judgment must be made absolute. Bosanqtjet, J. --I am of the same opinion. The only question is whether or not the plea is upon the face of it an issuable plea. We cannot by reason of that which is stated in the plaintiffs affidavit hold that it is not. The r. . . This item ships from La Vergne,TN.

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Von Händler/Antiquariat, profnath.
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 Excerpt: ...try the question of his liability in the present form of action; for, if the plaintiffs should rerecover against him, and receive satisfaction, the present defendant can never be compelled to pay the money over again. Or, if we put the case the other way, and suppose the defendant to succeed in the present action, and obtain a judgment on a plea which goes to the merits, we are of opinion that in that case also the judgment would be a bar to any subsequent action which should be brought by the solvent plaintiff in conjunction with the assignees of the bankrupt." Suppose here a second action brought by the assignee, would a judgment for the plaintiff in this case affect his right to sue? In Wettenhall v. Graham, the cause of action was one that did not pass to the assignee--Clark v. Calvert, 8 Taunt. 742. Then, the fact of the debt for which this action is brought having been assigned previously to the bankruptcy, though it may afford very good matter for a replication, is clearly no argument to shew that the bankruptcy of the plaintiff is not prima facie an issuable plea: nor would a disclaimer on the part of the assignee preclude him from hereafter suing. Tindal, C. J.--It appears to me that this case is distinguishable from Staples v. Holdsworth; there the bankruptcy«took place after the commencement of the action--and of one of the plaintiffs only: here, there is only one plaintiff, and his bankruptcy took place before the com mencement of the action. I think the rule for setting aside the judgment must be made absolute. Bosanqtjet, J.--I am of the same opinion. The only question is whether or not the plea is upon the face of it an issuable plea. We cannot by reason of that which is stated in the plaintiff's affidavit hold that it is not. The r... Paperback, Label: RareBooksClub.com, RareBooksClub.com, Produktgruppe: Book, Publiziert: 2012-05-21, Studio: RareBooksClub.com.

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Von Händler/Antiquariat, Amazon.com.
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 Excerpt: ...try the question of his liability in the present form of action; for, if the plaintiffs should rerecover against him, and receive satisfaction, the present defendant can never be compelled to pay the money over again. Or, if we put the case the other way, and suppose the defendant to succeed in the present action, and obtain a judgment on a plea which goes to the merits, we are of opinion that in that case also the judgment would be a bar to any subsequent action which should be brought by the solvent plaintiff in conjunction with the assignees of the bankrupt." Suppose here a second action brought by the assignee, would a judgment for the plaintiff in this case affect his right to sue? In Wettenhall v. Graham, the cause of action was one that did not pass to the assignee--Clark v. Calvert, 8 Taunt. 742. Then, the fact of the debt for which this action is brought having been assigned previously to the bankruptcy, though it may afford very good matter for a replication, is clearly no argument to shew that the bankruptcy of the plaintiff is not prima facie an issuable plea: nor would a disclaimer on the part of the assignee preclude him from hereafter suing. Tindal, C. J.--It appears to me that this case is distinguishable from Staples v. Holdsworth; there the bankruptcy«took place after the commencement of the action--and of one of the plaintiffs only: here, there is only one plaintiff, and his bankruptcy took place before the com mencement of the action. I think the rule for setting aside the judgment must be made absolute. Bosanqtjet, J.--I am of the same opinion. The only question is whether or not the plea is upon the face of it an issuable plea. We cannot by reason of that which is stated in the plaintiff's affidavit hold that it is not. The r... Paperback, Label: RareBooksClub.com, RareBooksClub.com, Produktgruppe: Book, Publiziert: 2012-05-21, Studio: RareBooksClub.com.

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BRAND NEW PRINT ON DEMAND., Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840] Volume 2, Great Britain Court of Pleas.

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Great Britain. Court Of Pleas, Paperback, English-language edition, Pub by General Books LLC.