The Law Relating to Choses in Action: With Special Reference to the Judicature Act, 1873, and Assignability at Law and in Equity: Together with the Practice and Rules Relating Thereto, and an Appendix of FormsSweet & Maxwell, 1899 - 456 pages |
From inside the book
Results 1-5 of 72
Page 5
... execution . In the former of these cases the student will observe , that the property , or right of action , depends upon an express contract or obligation to pay a stated sum : and in the latter it depends upon an implied contract ...
... execution . In the former of these cases the student will observe , that the property , or right of action , depends upon an express contract or obligation to pay a stated sum : and in the latter it depends upon an implied contract ...
Page 11
... execution of his right . But that would not be reducing into posses- sion , or obtaining the enjoyment of anything which he had not as fully before ; it would be rather in the nature of a negative exercise of his powers . Supposing , in ...
... execution of his right . But that would not be reducing into posses- sion , or obtaining the enjoyment of anything which he had not as fully before ; it would be rather in the nature of a negative exercise of his powers . Supposing , in ...
Page 31
... execution of justice . And as they cannot be granted by the act of the party ; so a right in action shall not be transferred by act in law . " In describing how the common law rule was avoided Blackstone designates the above reason a ...
... execution of justice . And as they cannot be granted by the act of the party ; so a right in action shall not be transferred by act in law . " In describing how the common law rule was avoided Blackstone designates the above reason a ...
Page 37
... executed , would make him liable , as in a Court of Equity , so in mercantile transactions , the law looks on the act as done . " " " Master v . Miller , 4 T. R. per Buller , J. , p . 342 ; 2 R. R. 399. See , also , for history and ...
... executed , would make him liable , as in a Court of Equity , so in mercantile transactions , the law looks on the act as done . " " " Master v . Miller , 4 T. R. per Buller , J. , p . 342 ; 2 R. R. 399. See , also , for history and ...
Page 44
... execution of a power of attorney enabling the assignee to sue in the name of the assignor . Finally , it may be shortly stated here , that it was always incumbent upon the assignee to give notice to the debtor of such assignment in ...
... execution of a power of attorney enabling the assignee to sue in the name of the assignor . Finally , it may be shortly stated here , that it was always incumbent upon the assignee to give notice to the debtor of such assignment in ...
Other editions - View all
The Law Relating to Choses in Action With Special Reference to the ... Walter Richard Warren No preview available - 2021 |
The Law Relating to Choses in Action with Special Reference to the ... Walter Richard Warren No preview available - 2016 |
The Law Relating to Choses in Action; with Special Reference to the ... Walter Richard Warren No preview available - 2013 |
Common terms and phrases
54 Vict affidavit amount annuity apply appointment assignee assignor Bank bankrupt Beav bill of lading bills of exchange bond Chancery charge chattels choses in action claim common law contract conveyance Court of Equity Court or judge covenant damages death debenture debt due deceased deed effect enacted enforce entitled execution Exors fund garnishee given grant held indorsement interpleader issue judgment creditor judgment debtor judgment or order Judicature Act L. J. Ch land law merchant legal chose legal personal representative lunatic ment mortgage negotiable negotiable instruments notice obtained owner paid party payable payment plaintiff possession proceedings Rail receiver recover respect reversionary right of action rule Sect shares solicitor statute sub-section subject-matter subsequent summons supra term thereof tion transfer trustee in bankruptcy valid vested writ
Popular passages
Page 408 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage...
Page 408 - NB — Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent, unless general, or the ship be stranded.
Page 408 - Part thereof and in case of any Loss or Misfortune, it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in and about the Defence, Safeguard and Recovery of the said Goods and Merchandises and Ship, etc., or any Part thereof, without Prejudice to this Insurance to the Charges whereof we, the Assurers, will contribute, each one according to the Rate and Quantity of his sum herein assured.
Page 227 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any person entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer nor engaged in his work.
Page 409 - That the said ship being tight, staunch and strong, and every way fitted for the voyage...
Page 407 - Apparel, &c., and Goods and Merchandises whatsoever, shall be arrived at as above upon the said Ship, &c., until she hath moored at Anchor Twenty-four Hours in good Safety, and upon the Goods and Merchandises until the same be there discharged and safely landed...
Page 353 - No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of parties, and the court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
Page 197 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 359 - Provided always, that if the debtor, trustee, or other person liable in respect of such debt or chose in action shall have had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he think fit...
Page 298 - The capacity to exercise and to take proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the commencement of his bankruptcy or before his discharge, except the right of nomination to a vacant ecclesiastical benefice...