Report of cases argued and determined in the English courts of common law Volume 19 - Tapa blanda

Sinopsis

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. 1872 Excerpt: ...bar their action against the Bank. At the utmost it aflords no more than a ground of cross action for the Bank. But the plaintifis' rights remaining always the same, there is no consideration for their engagement with the Bank: it is nuclum pactum, and the mere conditional ofier of the Bank does not amount to accord and satis-,,,..69 faction. To bar the action, the Bank should show that they have given ' the plaintifl' an equivalent for what he demands. Accord without satisfaction is not sufiicient. Com. Dig. Accord. (B); Reniger v. Fogossa, Plowd. 1; Peyto's case, 9 Rep. 77, 79; Onelie's ease, Dyer, 356 a; Allen 1;. Harris, 2 Lutw. 1537, 1 Lord Raym. 122; James v. David, 5 T. R. 141. And this cannot be said to be a settlement of conflicting rights and doubtful claims, a.S in Longridge v. Dorville, 5 B. & A. 117, for the plaintiffs' claim is exempt from doubt. The money paid into the house of which the plaintiffs were partners was Barrington's money, and not the money of the plaintifis. The plaintiifs, however, were ignorant of the whole transaction. The breach of trust was committed by Fauntleroy alone, and does not implicate the innocent partners in the firm. Ea: parte Apsey, 3 Br. Ch. C. 265, Ex parte Hunter, 1 Atk. 223, Ezparte Heaton, Buck. 386, Emly v. Lye, 15 East, 7. Argument for the defendants. The earlier authorities have very little weight in a question touching the nature and incidents of stock,--a species of property altogether of modern origin. Braeton could scarcely have foreseen the creation of a 3 per cent. fund, and even Justinian and Vinnius must have been in the dark on the subject of consols. But according to the principle laid down by Sir William Grant, in Wildman v. Wildman, a party can be no mo...

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