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( 33 )
No.5
FORM of STATEMENT.—Trover.
A.B sues C.D before the Judge, &c. for the sum of £.50.
being the value of five pockets of hops, A.B.'s property, which C.D.
has converted to his own use, by refusing to deliver the same when
demanded, they having been delivered to him by one M.N. from
whom A.B. had bought them.
G.H. &c.
FORM of ANSWER.—Alleging a Lien.
C.D. denies that A.B. has a right to recover any sum by way of
damages, in respect of the hops alleged to be detained, because he says
that the said hops were delivered to him C.D. to carry the same, he
being a common carrier, and because he says, that at the time the said
hops were demanded, a balance, to wit, £. 1 5. was due from A. B. to him
upon the general account between them for carriage of goods, which
sum of £1 5. was not tendered to him the said C.D. when the demand
was made of the hops.
I. K. &c.
FORM of REPLY.—Admitting Balance due, but alleging Tender.
A. B. says, that when the demand of the said hops was made, the
sum due upon the general balance of the account between him and
C. D., was tendered to C. D.
G. H. &c
FORM of REPLY.—Admitting that no Tender was made, but denying
a Balance.
A. B. says, that when the demand of the said hops was made, no
sum of money was due from him to C. D. upon the general balance
of the account between them, wherefore no sum was tendered.
G. H. &c
Form of Answer.—Stoppage in Transitu.
C.D. denies that A. B. has a right to recover any sum by the way of
damages, in respect of the hops alleged to be detained, because he says,
that the said hops were sold by one O. P. to M. N., who sold them to
A. B. before they had been received into his, M. N.'s possession, and
because M. N. became insolvent, and never paid O. P. the price thereof;
wherefore the said O. P. ordered him the said C. D. to stop the
said hops for the behoof of him O. P., which he C. D. hath done, and
he now holds them at the disposal of O.P.
I. K. &c.
568
I
Identifier: | JB/004/026/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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004 |
lord brougham displayed |
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026 |
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001 |
[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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printed material |
44 |
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recto |
(2-43) |
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1947 |
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