Ruling Cases, 3. köide

Front Cover
Robert Campbell
Stevens, 1895

From inside the book

Contents

Other editions - View all

Common terms and phrases

Popular passages

Page 722 - Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note.
Page 378 - Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time- after appearance. and before delivering any pleadings or taking any other steps in the proceedings, apply to...
Page 757 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Page 704 - Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.
Page 726 - ... the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.
Page 451 - ... the costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid...
Page 742 - When a signature is forged or made without the authority of the person whose signature it purports to be it is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the...
Page 425 - Any referee, arbitrator, or umpire may, at any stage of the proceedings under a reference, and shall, if so directed by the Court or a judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference.
Page 720 - The rules of the common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts of marine insurance.
Page 464 - ... held, used, occupied or enjoyed, or accepted, reputed, deemed, taken or known as part, parcel or member of them, or any part of them, or appertaining thereunto, with their and every of their appurtenances.

Bibliographic information