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SouthcotesCase 5 - 06 Dec 2008 - Main.LuisVilla
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Southcote's Case | |
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< | Why is Southcote's Case, 4 Co. Rep. 83b; Cro. Eliz. 815 (1601)? The | >
> | Why Southcote's Case, 4 Co. Rep. 83b; Cro. Eliz. 815 (1601)? The | | | rule never appealed to anyone before or since, as no one has ever tried to
disturb Coggs v. Bernard, which overruled it, and where Holt said that
the judges in London had never followed it. How did it come to be
decided ... or was it decided? | |
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< | NB | >
> | NB | | | May also be spelled as Southcott or Southcot. (Defendant is Bennett or Bennet.)
Notes/Research In Progress | | | "The reason of the judgment," says Lord Coke, "was, because the plaintiff had delivered the goods to be safely kept, and the defendant had taken the charge of them upon himself, by accepting them on such a delivery." Had the reporter stopped here, I do not see what possible objection could have been made; but his exuberant erudition boiled over, and produced the frothy conceit which has occasioned so many reflections on the case itself; namely, "that to keep and to keep safely are one and the same thing;" [...]
Coggs v. Bernard, besides overturning, has an extensive set of rebutting citations to show that this was 'never' the rule before this case. | |
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- tmpljeH0b.odt: (Not actually the right file; testing upload from Sugar/OLPC)
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| META FILEATTACHMENT | attachment="Southcote_4_Co_Rep_83b.pdf" attr="" comment="Southcote's Case, 4 Co. Rep. 83b" date="1228582224" name="Southcote_4_Co_Rep_83b.pdf" path="Southcote 4 Co Rep 83b.pdf" size="752780" stream="Southcote 4 Co Rep 83b.pdf" user="Main.LuisVilla" version="1" |
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| META FILEATTACHMENT | attachment="Southcot_Cro__Eliz_815.pdf" attr="" comment="Southcote's Case, Cro. Eliz. 815" date="1228582462" name="Southcot_Cro__Eliz_815.pdf" path="Southcot_Cro__Eliz_815.pdf" size="495786" stream="Southcot_Cro__Eliz_815.pdf" user="Main.LuisVilla" version="1" |
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| META FILEATTACHMENT | attachment="Coggs_Bernard_2_Ld_Raym_909.pdf" attr="" comment="Coggs v. Bernard, 2 Ld. Raym. 909" date="1228582920" name="Coggs_Bernard_2_Ld_Raym_909.pdf" path="Coggs_Bernard_2_Ld_Raym_909.pdf" size="2227751" stream="Coggs_Bernard_2_Ld_Raym_909.pdf" user="Main.LuisVilla" version="1" |
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