Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, Volume 14William Gould, 1877 - Law reports, digests, etc |
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Page 166
... debtors . The heading being Messrs . " Francis Hollins & Co. - Bought of H. K. Bayley & Co. " And we thus find Bayley , with knowledge of the names of the defendants ' principals , insisting upon the liability of the defendants who ...
... debtors . The heading being Messrs . " Francis Hollins & Co. - Bought of H. K. Bayley & Co. " And we thus find Bayley , with knowledge of the names of the defendants ' principals , insisting upon the liability of the defendants who ...
Page 188
... debtor discharges the surety , on the ground that though the giving time might do the surety no harm , or even be for his benefit , he says : " The law has said that the surety shall be the judge of that , and that he alone has the ...
... debtor discharges the surety , on the ground that though the giving time might do the surety no harm , or even be for his benefit , he says : " The law has said that the surety shall be the judge of that , and that he alone has the ...
Page 213
... debtor . To apply a different rule now , dependent upon whether the creditor was innocent in allowing himself to be preferred , would be to introduce a new matter , the intro- duction of which might be most dangerous . If the debtor ...
... debtor . To apply a different rule now , dependent upon whether the creditor was innocent in allowing himself to be preferred , would be to introduce a new matter , the intro- duction of which might be most dangerous . If the debtor ...
Page 214
... debtor . No one can deny that every- thing which the section describes and denounces has hap- pened in this case . To make valid a preference like this would really be to enable debtors to do exactly what they pleased in favor of any ...
... debtor . No one can deny that every- thing which the section describes and denounces has hap- pened in this case . To make valid a preference like this would really be to enable debtors to do exactly what they pleased in favor of any ...
Page 215
... debtor . Mr. Benjamin , Q.C. , and Mr. Marten , Q.C. ( Mr. T. H. Jordan was with them ) , for the respondents : There is no pretence for saying that in this case the creditors knew the position of the debtor , and therefore the ...
... debtor . Mr. Benjamin , Q.C. , and Mr. Marten , Q.C. ( Mr. T. H. Jordan was with them ) , for the respondents : There is no pretence for saying that in this case the creditors knew the position of the debtor , and therefore the ...
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Common terms and phrases
action affirmed agent agree agreement alleged amount appears Arkle articles of association Ashbury authority bankers bankrupt bankruptcy Barb Bayley bills of lading bound brokers cargo charge charterparty circumstances claim clause contract cotton court court of equity Court of Exchequer creditors damages debt debtor decision deed defendant defendant's delivered delivery demurrage directors discharge doubt entered entitled evidence Exchequer Chamber executor fact fraud give given held Hollins Hugh Morgan indictment indorsed intended interpleader issue judgment jury Justice Kreeft L.JJ land Law Rep Law Reports liable lien Lord Lord Chancellor Lordships memorandum of association ment Messrs Micholls opinion owner paid parties payable payment person plaintiff plea present principle prisoner promise purchase purpose question received referred rule settlement shareholders shares ship Solicitors statute tallow testator tion trustee vendor verdict vessel Vice-Chancellor Vict words
Popular passages
Page 540 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 843 - ... unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulation necessary.
Page 472 - Execution thereof, shall, together with an Affidavit of the Time of such Bill of Sale being made or given, and a Description of the Residence and Occupation of the Person making or giving the same...
Page 146 - In form it is a fiction : in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Page 677 - If in any case of collision it appears to the Court before which the case is tried that such collision was occasioned by the nonobservance of any...
Page 309 - But the new promise, and not the old debt, is the measure of the creditor's right. If a debtor simply acknowledges an old debt, the law implies from that simple acknowledgment a promise to pay it; for which promise the old debt is a sufficient consideration. But if the debtor promises to pay the old debt when he is able, or by instalments, or in two years, or out of a particular fund, the creditor can claim nothing more than the promise gives him.
Page 536 - ... cannot be proved without the testimony of such witness, the said devise, legacy, interest or appointment shall be void, so far only as concerns such witness or any claiming under him ; and such person shall be a competent witness, and compellable to testify respecting the execution of said will, in like manner as if no such devise or bequest had been made.
Page 564 - Term last, obtained a rule calling upon the plaintiff to show cause why the verdict should not be entered for the defendant on the...
Page 113 - ... shall in proportion to the amount thereof confer on the holders thereof respectively the same privileges and advantages for the purpose of voting at meetings of the company and for other purposes as would have been conferred by shares of equal amount in the capital of the company...
Page 230 - approbate' and 'reprobate' and in our courts more commonly the doctrine of 'election,' where a deed or will professes to make a general disposition of property for the benefit of a person named in it, such person cannot accept a benefit under the instrument without at the same time conforming to all its provisions and renouncing every right inconsistent with them.