Ruling Cases, 14. köideRobert Campbell Stevens, 1898 |
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Page 141
... heirs , executors , and goods to the assured , their executors , administrators , and assigns , for the true perform- ance of the premises , confessing themselves paid the consideration due unto them for the said assurance by the ...
... heirs , executors , and goods to the assured , their executors , administrators , and assigns , for the true perform- ance of the premises , confessing themselves paid the consideration due unto them for the said assurance by the ...
Page 576
... heirs . He did neither , but employed the money in his own business or trade , or in making large loans for his own benefit ; and as he has not disclosed , as he might have done , to the Master , what were the profits of the assets so ...
... heirs . He did neither , but employed the money in his own business or trade , or in making large loans for his own benefit ; and as he has not disclosed , as he might have done , to the Master , what were the profits of the assets so ...
Page 581
... heirs , to such persons as he should appoint ; with a remainder to the right heirs of Samuel Rolle ; and then he reserved a general power of revocation and new appointment . Under the limitation to the right heirs of Samuel Rolle , Lord ...
... heirs , to such persons as he should appoint ; with a remainder to the right heirs of Samuel Rolle ; and then he reserved a general power of revocation and new appointment . Under the limitation to the right heirs of Samuel Rolle , Lord ...
Page 583
... heirs of a living person , there is no one who answers the description : the question , therefore , arises , whether the words were not used as a designation of the heir apparent . So where there is a limita- tion to an heir male , as a ...
... heirs of a living person , there is no one who answers the description : the question , therefore , arises , whether the words were not used as a designation of the heir apparent . So where there is a limita- tion to an heir male , as a ...
Page 585
... heirs " a sense which , legally and strictly , it did not bear . But I have no contract here which enables me to deal [ * 348 ] with the words according to the reciprocal intention of the parties . I have looked into all the authorities ...
... heirs " a sense which , legally and strictly , it did not bear . But I have no contract here which enables me to deal [ * 348 ] with the words according to the reciprocal intention of the parties . I have looked into all the authorities ...
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Common terms and phrases
American AMERICAN NOTES amount appears applied authority barratry captain cargo cause charter-party circumstances cited claim commencement condition consequence consideration considered construction construed contract Court Court of Exchequer covenant crew damage decision declaration deed defendant doctrine effect entitled to recover evidence expenses express fact freight grant ground habendum held Hemlington House of Lords implied warranty indemnity intention interest John Westbrook Judges judgment jury Justice L. J. Ch liable London Lord ELLENBOROUGH Lord MANSFIELD Lordships Marine Insurance Marseilles master meaning negligence Notes opinion Orford owner paid parties person plaintiff plea policy of insurance port premises premium principle question reason recital repairs respect right heir risk Royal Exchange Assurance rule rule of construction sailed Samuel Rolle ship shipowner stranding suing and labouring testator time-policy tion total loss underwriters unseaworthy usage verdict vessel voyage warranty of seaworthiness words
Popular passages
Page 300 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 267 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Page 7 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Page 684 - If a daj' be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 132 - Upon any kind of goods and merchandises, and also upon the body, tackle, apparel, ordnance, munition, artillery, boat, and other furniture, of and in the good ship or vessel...
Page 218 - Brett reserved leave to the defendant to move to enter a nonsuit or a verdict for him...
Page 814 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 647 - A testator is always presumed to use the words in which he expresses himself according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense, in which case the sense in which he thus appears to have used them will be the sense in which they are to be construed.
Page 571 - Hall, that in construing wills and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency but no further.
Page 183 - ... if the court should be of opinion that the plaintiff was not entitled to recover.