Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, 12. köideWilliam Gould, 1876 |
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action affirmed agent agreement alleged amount appears applied attorney authority Bank Barb Beav bill bonds breach cargo claim clause contract corporation court Court of Chancery court of equity Court of Exchequer covenant creditor damages death deceased decision deed defendants delivered demurrage Edwards effect entitled estopped estoppel evidence execution executors fact gift given ground held holder intention interest issue John Irving judgment jury L.JJ Law Rep Law Reports learned friend learned judge legatee liable lien London Lord Lord Chancellor Lordships matter ment Messrs mortgage N. Y. Rep negligence notice opinion owner paid parol parties payment penal servitude person plaintiff Prac premises purchaser question Railway reason recover referred respondent rule ship Solicitors statute Statute of Frauds surveyor tenant testator testator's thereof tion trust verdict Vict William Forster words
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Page 629 - for value, for the want of delivery : nor was the maker liable on the ground that when one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it:
Page 259 - where the cases are collected, it is said, "Every statute which takes away or impairs a vested right acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be *deemed retrospective in its operation, and
Page 365 - that, whenever one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, or to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time,
Page 123 - and it is further ordered, That the cause be, and the same is hereby remitted back to the Court of Session in Scotland to do therein as shall be just and consistent with this judgment; and it is also further ordered, That unless the costs certified as aforesaid shall be paid to the
Page 516 - shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day; but it shall be competent for the court or a judge to order a judgment to be entered nunc pro
Page 461 - in an action for breach of contract by the plaintiff against the defendants, that the contract was not for an interest in land within the 4th section of the Statute of Frauds, and therefore need not be in writing; and, secondly, that the contract need not be under the seal of the corporation.
Page 674 - *it is enacted that no obliteration, interlineation, or other alteration made in any will after the execution thereof, shall be valid or have any effect, except so far as the words or effect of the will before such alteration shall not be apparent, unless such alteration shall be executed in like manner as hereinbefore is required for the execution of the will.
Page 113 - or for divorce, the court may from time to time make such interim orders and may in the final decree, make such provision, as to it shall seem just and proper with respect to the custody, maintenance, and education of any pupil children of the marriage to which such action relates.
Page 431 - The Legislature then proceed in the first section to enact that "any agent" who shall thereafter be intrusted with the possession of goods, or of the documents of title to goods, may pledge the same. The Legislature, it is to be observed, does not use the words "person intrusted,
Page 260 - of the Legislature that it *should be so construed is expressed in clear, plain and unambiguous language ; because it manifestly shocks one's sense of justice that an act legal at the time of doing it should be made unlawful by some new enactment. Modern legislation has almost entirely removed that blemish from the law ; and wherever it