A Collection of Overruled, Denied, and Doubted Decisions and Dicta, Both American and English

by Simon Greenleaf

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. 1856. ... MOSELEY v. BOOTHBY, 3 Bing. R. 107. That the collateral guarantee is void unless it be in writing and signed, and be given upon a sufficient consideration, and such consideration appear on the face of the guarantee, according to the statute of Frauds. Decided differently in Massachusetts, Maine, Connecticut & Virginia, 17 Mass. 122; 4 Greenl. 180, 387; 6 Conn. 81, and 5 Cranch, 151. MOSELEY'S REPORTS. "Mr. Impey cited Horsley's case from Moseley's Reports; which book Ld. Mansfield told him he should not have quoted." 5 Burr. 2629. See also 3 Anstr. 861; 5 D. & E. 560. Lord Eldon, however, 1 Merivale, 92: "I myself think very differently from Lord Mansfield on that subject, having always considered Moseley's Reports as a book possessing a very considerable degree of accuracy." "Lord Eldon is presumed to have been a better judge of the merits of the work" than Lord Mansfield. 1 Kent Com. 460. MOSS v. BRYROM, 6 Term R. 379. Qualified in Phyn v. Royal Exchange Ins. Co., 7 T. R. 505. See also 2 Wash. C. C. R. 67. MOSS v. CHARNOCK, 2 East, 399. That if bankruptcy of the vendor intervenes between the execution of the bill of sale and the delivery of the ship, the vendee loses the ship. Wood, B. said--" With great deference to that authority, I cannot agree to it. I think the property passes instantly by the bill of sale." Hubbard v. Johnstone, 3 Taunt. 208. MOSS v. GALLIMORE, Doug. 279. That a mortgagee, after notice of the mortgage to the tenant in possession under a lease prior to the mortgage, is entitled to the rent in arrear at the time of notice. The Court of K. B. is said to have afterwards somewhat doubted the propriety of this decision. Powell on Mortg. 231-2. But, where a lessor, after the execution of the lease, mortgaged the premises, it was held tha...

192 pages, Paperback

First published July 14, 2015

About the author

Greenleaf is an important figure in the development of that Christian school of thought known as legal or juridical apologetics. His principal work of legal scholarship is A Treatise on the Law of Evidence (3 vols., 1842–1853).