Parmenter v Cressey

JurisdictionEngland & Wales
Judgment Date01 January 1681
Date01 January 1681
CourtCourt of the King's Bench

English Reports Citation: 82 E.R. 896

King's Bench Division


parmenter versus cressey. trin. 23 car. rot. 1034. Assumpsit. In an asaumpsit the plaintiff declares, that in consideration of twelve pieces of stuff, of the value of 42li. 15s. delivered by the plaintiff to the def. the def. promised to deliver to the plaintiff so many pipes of sack, which the defendant then had lying in a certain cellar of a stranger in London, as should be of the value of the said stuff, per prsefat' querent eligend'. And the plaintiff averrs, that at Norwich he did require the defendant deliberare vinum predict' prsefat' querent' ad eligendnm so many of the pipes as should be of the value of the stuff, &c. And after a verdict for the plaintiff, upon non assumpsit pleaded, upon motion in arrest of judgment it was so resolved, 1. That a special request is necessary in this case, because the defendant cannot deliver the wine in this case before the plaintiff hath made his election, and there is no reason that the defendant should require the plaintiff himself to make his election, as he ought to doe if the promise had been to deliver them to a stranger: then it was objected that the request was not well made. 1. Because it waa made at Norwich where the defendant cannot deliver the wines. 2. Because the request was to deliver the wines, whereas the defendant is not by his promise to deliver them till the plaintiff shall have made his election. But it was resolved that the request was well made : for 1. The plaintiff must make his request where he can meet...

To continue reading

Request your trial
43 cases
  • Temple of Light Church v The Minister of Environment
    • Jamaica
    • Court of Appeal (Jamaica)
    • 31 July 2002
    ...into account. These are separate regimes, separate applications must be made, but one complements the other: (see KSAC v Auburn Court Ltd. et al 25 JLR-145 at 153 H ). Unfortunately, Mr. Dixon did not exhibit a copy of the 1992 application. He said that in April, 1998 he submitted detailed ......
  • Generics (UK) Ltd v Daiichi Pharmaceutical Company Ltd (Costs)
    • United Kingdom
    • Chancery Division (Patents Court)
    • 15 October 2008
    ...IP was made available to the public. d) A paper entitled “Stereochemical aspects of the antibacterial activity of S-25930” by Gerster et al, (25th Interscience Conference on Antimicrobial Agents and Chemotherapy, Minneapolis, 29 September – 2 October 1985) ('Gerster II'). Gerster II only be......
  • BlueScope Steel Limited v Dongkuk Steel Mill Co., Ltd (No 2)
    • Australia
    • Federal Court
    • 17 December 2019
    ...two minutes of insertion in the bath. By high Al-Zn compositions, one is referring to bath compositions of 45%Al-55%Zn, 55%Al-45%Zn, and 75%Al-25%Zn. Galvalume is a high Al-Zn composition being a 55% aluminium-zinc The presence of Si is required to prevent the exothermic reaction and promot......
  • S v Kriel
    • South Africa
    • Invalid date alle gebruikers van die pad se aandag daarop te vestig dat hulle dit met toestemming gebruik, ten einde verjaring te voorkom. Die pad is al 25 E jaar so in gebruik, maar dit behoef seker geen betoog nie dat die Ordonnansie wat bepaal dat 'n pad publiek word wanneer hy 15 jaar lank deur d......
  • Request a trial to view additional results
6 firm's commentaries
  • The Real Estate Lender’s Updated Guide to Single Asset Bankruptcy Reorganization
    • United States
    • JD Supra United States
    • 5 January 2010
    ...(which may include the payment of debt service) with respect to its collateral, either because it is undersecured or as a condition to al-25. Typically, but not always, the guarantor will directly or indirectly control the borrower. In mezzanine debt structures, however, it is possible that......
  • An Introductory Guide To Tax And Estate Planning
    • United States
    • JD Supra United States
    • 20 January 2011
    ...testator’s property (whether probate or nonprobate) is apportioned its share of taxes, or a combination of such. 24 TEX. PROB. CODE § 282, et al. 25 TEX. PROB. CODE § 71A. 26 TEX. PROB. CODE § 58a. 27 TEX. PROB. CODE § 37.12 5931516v.2 M. Independent Administration. The Will should expressl......
  • The 2010 Amendments To The Ontario Rules Of Civil Procedure: Small Claims Court, Simplified Procedure And Proportionality
    • Canada
    • Mondaq Canada
    • 31 January 2011
    ...of this case, I hold that the 2010 amendments to the Rules of Civil Procedure apply to this action".24 See also Warman v. National Post et al.25, which noted that despite the amendments to the Rules, examinations were prohibited in that Simplified Procedure case pursuant to Rule 76.04, and ......
  • Franchisor to Be Considered Statutory Employer? PA Supreme Court to Decide
    • United States
    • JD Supra United States
    • 28 July 2016
    ...Comm. & Service Emps. Int’l Union, CTW, CLC, et al. Cases 02–CA–093893, et al. 04–CA–125567, et al. 13–CA–106490, et al. 20–CA–132103, et al. 25–CA–114819, et al. 31–CA–127447, et 6 In June 2014, Seattle’s City Council voted to raise the minimum wage in increments, aiming to have full parti......
  • Request a trial to view additional results
126 books & journal articles
9 provisions

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT