The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Volume 4; Volume 140 |
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Page 7
STANGER MILLER . of the deed , or of its registration , be taken as corresponding in point of time with an adjudication in bankruptcy , according to my view this plea of set - off is good . Moreover , I am also of opinion that the plea ...
STANGER MILLER . of the deed , or of its registration , be taken as corresponding in point of time with an adjudication in bankruptcy , according to my view this plea of set - off is good . Moreover , I am also of opinion that the plea ...
Page 8
It is registration which gives effect to the deed , and places the proceedings thereafter taken upon the footing of proceedings in bankruptcy ; but for some purposes the deed , when executed , may have an inchoate operation , so as to ...
It is registration which gives effect to the deed , and places the proceedings thereafter taken upon the footing of proceedings in bankruptcy ; but for some purposes the deed , when executed , may have an inchoate operation , so as to ...
Page 11
The 4th clause , taken in connection with the 10th and 12th , is unreasonable . The debtor is to pay the composition , not upon the event of the requisite majority in number and value of creditors assenting to the deed , but upon the ...
The 4th clause , taken in connection with the 10th and 12th , is unreasonable . The debtor is to pay the composition , not upon the event of the requisite majority in number and value of creditors assenting to the deed , but upon the ...
Page 54
... and may be thus taken to have been long considered as the meaning of those who so word their policies . In Arnould , p . 28 , it is the form recommended to parties to be adopted for their advantage in protecting the ship from “ the ...
... and may be thus taken to have been long considered as the meaning of those who so word their policies . In Arnould , p . 28 , it is the form recommended to parties to be adopted for their advantage in protecting the ship from “ the ...
Page 65
Therefore that case is distinguishable , whether the nature of the instrument , the fact of compensation , or the knowledge of the parties of their respective titles , be taken into consideration . Gray , in reply .
Therefore that case is distinguishable , whether the nature of the instrument , the fact of compensation , or the knowledge of the parties of their respective titles , be taken into consideration . Gray , in reply .
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Common terms and phrases
according action aforesaid agreed agreement allowed amount answer appear apply appointed assigns Attorney authority Bankruptcy bill bound Bramwell called carried cause charge claim clause common Company composition condition consideration construction contained contract costs Court covenant creditors damage debt debtor deed defendant delivered directed discharged duty effect entered entitled evidence execution express facts filed further give given ground held intended interest Judge judgment jury land liable limited London Lord Martin matter meaning ment mentioned necessary negligence notice obtained opinion paid parties passed payment person plaintiff plea possession present proceedings question Railway Railway Company reason received referred respect rule shares shew ship signed statute sufficient taken thereof tion trustees unless verdict Vict witness
Popular passages
Page 238 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 659 - Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 162 - ... or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor; provided that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of...
Page 402 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 267 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 219 - 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 376 - ... for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made : provided always, that this enactment shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or toward any plate, prize, or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime, or exercise.
Page 376 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of Law or Equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the bands of any person to abide the event on which any wager shall have been made...
Page 459 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 534 - ... shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt, before the bankruptcy...
Bibliographic information
| Title | The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Volume 4; Volume 140 The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Great Britain. Court of Exchequer Chamber |
| Author | Great Britain. Court of Exchequer |
| Contributor | Great Britain. Court of Exchequer Chamber |
| Edition | reprint |
| Publisher | H. Sweet, 1868 |
| Original from | Oxford University |
| Digitized | 15 Sep 2006 |
| Export Citation | BiBTeX EndNote RefMan |