A Selection of Leading Cases on Mercantile and Maritime Law: With Notes |
From inside the book
Results 1-5 of 100
Page 6
... intention to apply a pay- ment in discharge of the old debt ; -but what were the circum- stances from which that inference was drawn in the case referred to ? They were of such a nature that no doubt could arise respecting their ...
... intention to apply a pay- ment in discharge of the old debt ; -but what were the circum- stances from which that inference was drawn in the case referred to ? They were of such a nature that no doubt could arise respecting their ...
Page 9
... intention ? When Lord Eldon said , in Ex parte Kendall , 17 Ves . 514 , that there may be dealings between the surviving partners and the cre- ditors of the old partnership which would discharge the estate of the deceased partner ...
... intention ? When Lord Eldon said , in Ex parte Kendall , 17 Ves . 514 , that there may be dealings between the surviving partners and the cre- ditors of the old partnership which would discharge the estate of the deceased partner ...
Page 10
... intention , it was one upon which if you acted , you were bound to disclose it to Devaynes's representatives . Other- wise you have acted fraudulently towards them , and a court of equity will give you no assistance . " But that is not ...
... intention , it was one upon which if you acted , you were bound to disclose it to Devaynes's representatives . Other- wise you have acted fraudulently towards them , and a court of equity will give you no assistance . " But that is not ...
Page 13
... intention of the debtor that would in the first instance have governed ; so it was his presumable intention that was first resorted to as the rule by which the application was to be determined . In the absence therefore of any express ...
... intention of the debtor that would in the first instance have governed ; so it was his presumable intention that was first resorted to as the rule by which the application was to be determined . In the absence therefore of any express ...
Page 16
... intention . He should either have said to the bankers , " Leave this balance altogether out of the running account between us : " or , " Always enter your payments as made on the credit of your latest receipts , so as that the oldest ...
... intention . He should either have said to the bankers , " Leave this balance altogether out of the running account between us : " or , " Always enter your payments as made on the credit of your latest receipts , so as that the oldest ...
Other editions - View all
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...