Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, Volume 9William Gould, 1875 - Law reports, digests, etc |
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Results 1-5 of 76
Page 8
... debt of another within sect . 4 of the Statute of Frauds , though in fact the board had never been indebted , and as this promise was not in writing it could not be enforced . On appeal to the Exchequer Chamber this decision was ...
... debt of another within sect . 4 of the Statute of Frauds , though in fact the board had never been indebted , and as this promise was not in writing it could not be enforced . On appeal to the Exchequer Chamber this decision was ...
Page 12
... debt unless there is a debt 25 ] of some other person to be * guaranteed . The tendency , therefore , of any view of this contract which would place it in the position of a guarantee for a future liability to be undertaken by the local ...
... debt unless there is a debt 25 ] of some other person to be * guaranteed . The tendency , therefore , of any view of this contract which would place it in the position of a guarantee for a future liability to be undertaken by the local ...
Page 17
... debt which , when recov- ered by legal process , may , in the discretion of a jury or of the court , be made the subject of an additional liability , which , however , is not properly a liability to inter- est according to the contract ...
... debt which , when recov- ered by legal process , may , in the discretion of a jury or of the court , be made the subject of an additional liability , which , however , is not properly a liability to inter- est according to the contract ...
Page 19
... debt bearing interest . " That rule had previ- ously been adopted in Atkinson v . Jones ( " ) , which was the case of a warrant of attorney , given by a third person to secure the due payment of interest on a debenture ; the court would ...
... debt bearing interest . " That rule had previ- ously been adopted in Atkinson v . Jones ( " ) , which was the case of a warrant of attorney , given by a third person to secure the due payment of interest on a debenture ; the court would ...
Page 20
... debt , and in this instance that debt was to be paid , with stipulated interest upon it , at a time certain . If not paid then , the contract was broken , and all that could afterwards be recovered would be damages for the breach of it ...
... debt , and in this instance that debt was to be paid , with stipulated interest upon it , at a time certain . If not paid then , the contract was broken , and all that could afterwards be recovered would be damages for the breach of it ...
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Common terms and phrases
9 ENG act of Parliament action affidavit agent agreement alleged amount appears appellant appointed authority bank bankers bankruptcy benefit bill of lading certiorari checks circumstances claim consent contract court court of equity covenant Crealock creditor damages debentures debt decision decree deed defendant directors entitled equity evidence execution executors fact Flureau fraud funds given ground held intention interest judgment jurisdiction jury land Law Rep Law Reports legacies legatee liable Lord Cairns Lord Chancellor Lord Ebury lordships matter ment Messrs mines mortgage negligence North London Railway notice opinion owner paid Pain's Hill parties payment personal estate plaintiff possession purchaser purpose question railway company real estate reason residence respondent rule Sancton shares ship Solicitors South Staffordshire Railway statute suit taken tenant testator testatrix Thornhill tion Town Lane trustees vendor Vice-Chancellor Vict words
Popular passages
Page 649 - it is enacted that comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the
Page 813 - incapable of taking care of himself or his property ; and any of the parties are to be at liberty to apply as they may be advised." The plaintiff was subsequently found lunatic by inquisition. The suit was continued by the next friend as committee, and on the
Page 333 - Lord Coke says it was resolved, "that, for the sure and true interpretation of all statutes in general, be they penal or beneficial, restrictive or enlarging of the common law, four things are to be discerned and considered: 1. What was the common law before the making of the act; *2. What was the mischief
Page 333 - judges is always to make such construction as shall suppress the mischief and advance the remedy." We cannot doubt that the defect which the legislature intended to amend was that trials in the superior courts could not be holden except in term time, which was inconvenient when the verdict had to be taken before
Page 693 - during her life for her separate use, without power of anticipation, and after her death for certain of the children and grandchildren of Swynfen S. Jervis. On the same 21st of August, 1866, Swynfen S. Jervis made his will, and thereby bequeathed his residuary personal estate to his two daughters, Mrs. Broughton and Mrs. Brackenbury (then Mrs.
Page 309 - evidence, they see no sufficient reason for departing from their ordinary rule of not disturbing the concurrent finding of two courts. For these reasons their lordships will humbly advise Her Majesty that the judgment of the court below should be affirmed, and the appeal dismissed with costs. Solicitors for the appellants:
Page 508 - &c., for safe custody, or for any special purpose, without any authority to sell, negotiate, transfer, or pledge, shall in violation of good faith, and contrary to the object or purpose for which such chattel, security, or power of attorney shall have been entrusted to him, sell, negotiate, transfer, pledge, or in any manner convert,
Page 493 - They are to make and maintain "sufficient posts, rails, hedges, ditches, mounds, or other fences, for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout by reason of the railway.