A Selection of Leading Cases on Mercantile and Maritime Law: With Notes |
From inside the book
Results 1-5 of 63
Page 9
... court of equity have said , this is a fraud in him , to endeavour so to deal with the surviving partners as to be guaranteed by the estate of the deceased partner , without communicating to the representatives of the deceased partner ...
... court of equity have said , this is a fraud in him , to endeavour so to deal with the surviving partners as to be guaranteed by the estate of the deceased partner , without communicating to the representatives of the deceased partner ...
Page 10
... court of equity will give you no assistance . " But that is not the present There was no such intention on the part of Mr. Clayton ; and it comes simply to this , whether his dealings with the surviving part- ners are not such as come ...
... court of equity will give you no assistance . " But that is not the present There was no such intention on the part of Mr. Clayton ; and it comes simply to this , whether his dealings with the surviving part- ners are not such as come ...
Page 47
... equity offended by the supposition that such a power legally existed . Of Molloy I say nothing , know- ing well that ... Court , a Court whose practice on a question of this nature — a question of the general maritime law — is not ...
... equity offended by the supposition that such a power legally existed . Of Molloy I say nothing , know- ing well that ... Court , a Court whose practice on a question of this nature — a question of the general maritime law — is not ...
Page 64
... Court of Admiralty in such cases proceeds upon the same principle as the Courts of Equity do , in what they term the doctrine of marshalling . With regard to the priority of the holders of bottomry bonds inter se , it may be laid down ...
... Court of Admiralty in such cases proceeds upon the same principle as the Courts of Equity do , in what they term the doctrine of marshalling . With regard to the priority of the holders of bottomry bonds inter se , it may be laid down ...
Page 77
... Court of Equity . In Da Costa v . Newnham before mentioned , which was an action against an underwriter , one of the questions which arose was on the quantum of the sum to be recovered , whether certain items So in the same book , folio ...
... Court of Equity . In Da Costa v . Newnham before mentioned , which was an action against an underwriter , one of the questions which arose was on the quantum of the sum to be recovered , whether certain items So in the same book , folio ...
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Common terms and phrases
abandonment act of bankruptcy action afterwards agent amount appears arises assignment assured authority bank bankrupt Beav bill bill of lading Bing blockade bond bottomry British Campb capture carried charter-party chattels circumstances claim colony considered consignee contraband contract Court court of equity Crawshay damaged debt debtor deed defendant delivered delivery East effect enemy England entitled equity Exch firm fraud fraudulent freight French held hypothecation indorsed insured interest joint creditors judgment law of France liable lien Lord Lord Eldon Lord Ellenborough Lord Mansfield master ment merchants neutral neutral country notice opinion paid parties partner partnership payment person plaintiff port possession principle purchaser purpose question racter recover repairs Royal Exchange Assurance rule sailed Scott sell sold taken tion total loss trade transaction trover trust underwriters vendee vendor vessel voyage whole
Popular passages
Page 566 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 621 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Page 80 - All loss which arises in consequence of extraordinary sacrifices made, or expenses incurred, for the preservation of the ship and cargo comes within general average, and must be borne proportionately by all who are interested.
Page 811 - East, from the oldest times, an immiscible character has been kept up ; foreigners are not admitted into the general body and mass of the society of the nation; they continue strangers and sojourners as all their fathers were— — Doris amara suam non intermiscuit undam...
Page 606 - ... taken or received by transfer or delivery by some person or body corporate for a just and valuable consideration, without any notice...
Page 809 - Of the few principles that can be laid down generally, I may venture to hold, that time is the grand ingredient in constituting domicil. I think that hardly enough, is attributed to its effects ; in most cases it is unavoidably conclusive ; it is not unfrequently said, that if a person comes only for a special purpose, that shall not flx a domicil.
Page 539 - But if the court should be of opinion that the plaintiffs are not entitled to recover...
Page 126 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 463 - ... or make or cause to be made, either within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels, or make or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to bo made any fraudulent gift, delivery, or transfer of any of his goods or chattels...
Page 400 - That if any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the bankruptcy...