A Selection of Leading Cases on Various Branches of the Law: With Notes, 1. köideJohn William Smith A. Maxwell, 1841 |
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Page 9
... question may be answered. * with any trust . " In other words , although a debtor has a right to prefer one creditor ... question , whether a gift be fraudulent within the meaning of this statute , is very different indeed from the ...
... question may be answered. * with any trust . " In other words , although a debtor has a right to prefer one creditor ... question , whether a gift be fraudulent within the meaning of this statute , is very different indeed from the ...
Page 12
... question may arise , whether a subsequent conveyance , though some value pass , be not in effect voluntary , and a mere trick for the purpose of in- validating a former one . Doe v . James , 16 East , 212. A lessee without fine or rent ...
... question may arise , whether a subsequent conveyance , though some value pass , be not in effect voluntary , and a mere trick for the purpose of in- validating a former one . Doe v . James , 16 East , 212. A lessee without fine or rent ...
Page 20
... question of waiver . See also Dakin v . Cope , 2 Russ . 170 . This shows with what strictness the courts will read such a proviso in order to prevent an absolute forfeiture . Indeed in Arnsby v . Woodward , Lord Tenterden said , that ...
... question of waiver . See also Dakin v . Cope , 2 Russ . 170 . This shows with what strictness the courts will read such a proviso in order to prevent an absolute forfeiture . Indeed in Arnsby v . Woodward , Lord Tenterden said , that ...
Page 20
... question what is a sufficient entry where entry is requisite , see Doe v . Pritchard , 5 B. & Ad . 765 . Doe v . Williams , ibid . 783 . Although acceptance of rent falling due after a forfeiture ope- rates as a waiver , yet acceptance ...
... question what is a sufficient entry where entry is requisite , see Doe v . Pritchard , 5 B. & Ad . 765 . Doe v . Williams , ibid . 783 . Although acceptance of rent falling due after a forfeiture ope- rates as a waiver , yet acceptance ...
Page 28
... question whether a particular covenant does or does not run with particular lands , or a particular reversion . A ... Questions upon this branch of the law generally arise between the lessor of lands or his assignee , and the lessee ...
... question whether a particular covenant does or does not run with particular lands , or a particular reversion . A ... Questions upon this branch of the law generally arise between the lessor of lands or his assignee , and the lessee ...
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Common terms and phrases
act of bankruptcy action of trespass aforesaid afterwards agree agreement alteration answer appears assignment assumpsit authority bailee bailment bankrupt bill of exchange bill of lading Bing Bingh bona bond brought cited commission common law consignee consignor contract conviction court court of equity covenant creditors custom damage debt declaration deed defendant defendant's delivered demise demurrer distrained Eliz equity evidence execution fide fraud held Holt indorsement injury issue John Rudge judge judgment jury laid land lease lessee lessor liable Lord Chief Justice Lord Coke Lord Mansfield matter ment Minorca mortgagee mortgagor non est factum notice objection opinion paid parliament party payment person plaintiff plea pleaded possession promise proved question Raym reason received recover rent replication respect rule Salk says sheriff statute sufficient tenant term thereof thing tion trade transitu trespass trial trover Tyrwh vendee verdict Vide void words writ
Popular passages
Page 129 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 99 - ... (the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted) unto or to assigns freight for the said goods with primage and average accustomed.
Page 140 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 88 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing; for else these carriers might have an opportunity of undoing all persons that had any dealings with them, by combining with thieves, &c., and yet doing it in such a clandestine manner as would not be possible to be discovered. And this is the reason the law is founded upon...
Page 91 - It is imposed by the law, even where the service is gratuitous. "The confidence induced by undertaking any service for another, is a sufficient legal consideration to create a duty in the performance of it.
Page 140 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 278 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 165 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Page 306 - ... which it may become necessary to amend, on such terms as to payment of costs to the other party, or postponing the trial to be had before the same or another jury...
Page 176 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.