« PreviousContinue »
Dant that the lease was still subsist- seized under warrants of execution of
47 with intent to deprive the bailiff, as
he supposed, of his authority, and so
the warrants from him :--
Held, that the prisoner was not
guilty of larceny; but that he was
468 fraudulent purpose within the mean-
ing of 24 & 25 Vict. c. 96, . 30. Re-
7. Where two prisoners are indicted
and tried together, one is not a com.
going there to shoot, and had threa-
and them, discharged his gun from a
paddling. At that moment the pro-
walls were built and finished, the prosecutor was struck by some of the
No birds were in view. The two,
ment of a debt, obtained further time and the gun was fired apparently
with intent to do grievous bodily
233 wounding :-
Held, that "unlawful wounding"
24 & 25 Vict. c. 97, s. 3, for feloniously must be " malicious;" and that there
the conviction of.the prisoner. Reg-
391 When evidence of admissible and when
When creates charge upon real estate,
1. Directors of a company issuing a
prospectus are bound to disclose every
2. The Defendants in a suit to restrain
infringement of trade-marks having
Held, on appeal, that the Defend.
2. A fact which, if disclosed would have
so discredited the company as to pre-
liable in equity in respect of such in-
held that this subsequent adultery
restored to the wife her right to have
crow flies" instead of by the marriage dissolved on the ground
177, 191, note. of the previous incestuous adultery.
3. Condoned incestuous adultery is re-
vived by subsequent adultery not in-
cestuous. Newsome v. Newsome.
241 and note, 249
1. The husband petitioned the Court
See TRESPASS, 51.
See AGREEMENT, 658.
Held, that, if a wife use due dili-
2. A wife knowing that her husband,
had been guilty of incestuous adul-
ESTATES IN TAIL.
See WILL, 555.
See SHERIFF, 60.
See CORPORATION, 323.
See FORMER SUIT, 724,
2. The executris of a testator kept an
executorship account with a bank, and having a power, under the will, to mortgage the real estate in aid of the personalty, she deposited with the bank the title-deeds of part of the testator's real estate as security for the balance. The account was considerably overdrawn by the executrix, and
the moneys to a great extent misapplied, but without the bank having notice of the misapplication. The security having proved insufficient to pay the balance, the bank applied to prove as creditors against the testator's estate for the difference :
Held (reversing the decision of Bacon, V.C.), that they were not entitled to prove ; for that a person cannot, by contract with an executor, acquire a right to prove as a creditor against the estate, though the executor has power to give him a lien on specific assets. Farhall v. Farhall.
See CRIMINAL LAW, 233.
3. If a legacy be in the first instance pay
able out of the personalty if that be insufficient out of the realty, the latter cannot be charged if the representative have wasted sufficient to pay the legacy. Richardson v. Mor. ton.
See DIRECTORS, 567.
1. A., an Englishman domiciled in France, entered into a contract in France with B., a Frenchman, for car. rying out jointly certain mercantile undertakings. In the course of the transactions large sums of money came into the hands of C. and D., fő reign merchants in business in Lon don. A. filed a bill against B., C., and D., alleging that, under the contract with B., he was entitled to participate in the profits of the undertaking, and praying for an account from C. and D., of the money in their hands, and that they might be restrained from hand. ing it over to B. The Defendants moved to stay all further proceedings in the suit pending certain proceed. ings in the French Courts instituted by A. against B., in which a construction would be put upon the French contract:
Held, that there being portions of the relief sought, as to which the Defendants were bound to answer, the motion, which was in the nature of a demurrer, could not be sustained, and must be refused with costs. Wilson v. Ferrand.
Sce SHERIFF, 60
for the work; but only to a promise
that if the plaintiff would do the
work on the credit of the board, the
not, and that this was a promise to be
person within s. 4 of the Statute of
Frauds, and not being in writing
The Court of Exchequer Chamber
that there was evidence on which
the jury might have found that the
defendant agreed to be primarily
construct & main sewer by a local
tuted an unambiguous recognition of
the existence of the contract and of
given by the plaintiff, the defendant fore a sufficient memorandum in
ged a verbal agreement for the lease
of a house by the Plaintiff to the De-
the rule absolute to enter a nonsuit, mas, 1870, followed, first, by a letter