The Contract of Pawn: As it Exists at Common Law, and as Modified by the Pawnbrokers' Acts, the Factors' Acts, and Other StatutesStevens, 1883 - 389 pages |
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Page 5
... chattel was bound to make it good , pre- sumably because the bailment was originally for his ex- clusive advantage ; but he was exempt if the owner were with it , and also " if it were a hired thing , it came for his hire " ( c ) . On ...
... chattel was bound to make it good , pre- sumably because the bailment was originally for his ex- clusive advantage ; but he was exempt if the owner were with it , and also " if it were a hired thing , it came for his hire " ( c ) . On ...
Page 25
... chattel is here treated as an incident of the contract , though it is elsewhere said that " Pignus contrahitur non sola traditione , sed etiam nuda conventione , etsi non traditum est ( c ) . This latter passage , however , is regarded ...
... chattel is here treated as an incident of the contract , though it is elsewhere said that " Pignus contrahitur non sola traditione , sed etiam nuda conventione , etsi non traditum est ( c ) . This latter passage , however , is regarded ...
Page 27
... chattel , or of prior possession supported by contract , a special property only is vested in the pawnee , as a security for a debt or engagement " ( f ) . " A pawn is a bailment of personal property , as security for some debt or ...
... chattel , or of prior possession supported by contract , a special property only is vested in the pawnee , as a security for a debt or engagement " ( f ) . " A pawn is a bailment of personal property , as security for some debt or ...
Page 31
... chattel in his possession , agrees to appropriate it to a creditor as security for the discharge of a particular obligation . This , however , does not constitute a pledge , because " delivery is the essence of an English pawn " ( e ) ...
... chattel in his possession , agrees to appropriate it to a creditor as security for the discharge of a particular obligation . This , however , does not constitute a pledge , because " delivery is the essence of an English pawn " ( e ) ...
Page 36
... chattel , will be good as against the person pawning , if the pawnee receives it bona fide , and without notice of ( a ) Hulme v . Tennant , 1 Bro . C.C. , 16 ; 1 W. & T. L.C. , 4th ed . , 481. Thack- well v . Gardiner , 5 D.G. & Sm ...
... chattel , will be good as against the person pawning , if the pawnee receives it bona fide , and without notice of ( a ) Hulme v . Tennant , 1 Bro . C.C. , 16 ; 1 W. & T. L.C. , 4th ed . , 481. Thack- well v . Gardiner , 5 D.G. & Sm ...
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Common terms and phrases
36 Vict act of bankruptcy action adjudication advances aforesaid agent amount application assignment bailee Bank bankrupt bill of lading bona fide broker certificate charge chattel claim Common Law consignee conviction court of summary creditor damages debtor deemed default deliver delivery Deposit or Pledge distress documents of title entitled entrusted equity exceeding Factors fraud fraudulent Ibid imprisonment interest Interpleader justice liable licence lien loan and profit magistrate Merchandise months Monts de Piété mortgagee negotiable instrument notice obtained offence otherwise paid party pawn-ticket Pawnbroker pawnee pawnee's pawnor payment penalty Person or Persons plaintiff possession purchaser recover redeem redemption refusal remedy secured creditor sell shillings sold statute stolen Story On Bailments sub-sec summary jurisdiction surplus thereof trade true owner trustee trustee in bankruptcy unless Wares warrant
Popular passages
Page 338 - India warrants, warehouse-keepers' certificates, warrants or orders for the delivery of goods, or any other document* used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented.
Page 317 - ... conditioned personally to try such appeal, and to abide the judgment of the Court thereon, and to pay such costs as may be awarded by the Court...
Page 321 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders...
Page 339 - ... shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable-, at the discretion of the Court, to any of the punishments which the Court may award, as hereinbefore last mentioned.
Page 350 - Liability" shall for the purposes of this Act include any compensation for work or labour done, any obligation or possibility of an obligation to pay money or money's worth on the breach of any express or implied covenant, contract, agreement, or undertaking, whether the breach does or does not occur, or is or is not likely to occur or capable of occurring before the discharge of the...
Page 18 - Notaries, &c., in England and Wales ; the Circuits, Judges, Treasurers, Registrars, and High Bailiffs of the County Courts ; Metropolitan and Stipendiary Magistrates, Official Receivers under the Bankruptcy Act, Law and Public Officers in England, and the Colonies, Foreign Lawyers with their English Agents...
Page 12 - Decrees. Judgments, and Orders in the High Court of Justice and Courts of Appeal, having especial reference to the Chancery Division, with Practical Notes. Fourth Edition. By RH LEACH, Esq., Senior Registrar of the Chancery Division ; PGA 'WILLIAMS, of the Inner Temple, Esq.
Page 350 - ... or give an estimate of the value of his security. In the latter case, he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him, after deducting the value so estimated in the same manner as if he were an unsecured creditor.