A Selection of Leading Cases on Mercantile and Maritime Law: With Notes |
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Results 1-5 of 100
Page 7
... considered this account as a payment ? The proper way to try this would be by supposing that the account consisted only of sums drawn out . And this , as your Honour has already decided in Miss Sleech's case , would not have operated in ...
... considered this account as a payment ? The proper way to try this would be by supposing that the account consisted only of sums drawn out . And this , as your Honour has already decided in Miss Sleech's case , would not have operated in ...
Page 8
... between the same debtor and cre- ditor . The relations of the parties are altered . What are the terms to be implied in the very first draft drawn by Clayton after Devaynes's death ? He must be considered as saying to 8 DEVAYNES V. NOBLE :
... between the same debtor and cre- ditor . The relations of the parties are altered . What are the terms to be implied in the very first draft drawn by Clayton after Devaynes's death ? He must be considered as saying to 8 DEVAYNES V. NOBLE :
Page 16
... considered as having concurred in the appropriation . But there is this peculiarity in the case , that it is not only by inference from the nature of the dealings and the mode of keeping the account , that we are entitled to ascribe the ...
... considered as having concurred in the appropriation . But there is this peculiarity in the case , that it is not only by inference from the nature of the dealings and the mode of keeping the account , that we are entitled to ascribe the ...
Page 36
... considered as competent to bind the goods , as dominus mercium . In a following passage , discussing the per- sonal responsibility of the master , he decides against it : " Nisi magister sit inter ipsos exercitores , vel onus pro parte ...
... considered as competent to bind the goods , as dominus mercium . In a following passage , discussing the per- sonal responsibility of the master , he decides against it : " Nisi magister sit inter ipsos exercitores , vel onus pro parte ...
Page 102
... considered as having been carried on by the original ship after she had been repaired . It was held by the Court of Queen's Bench , that the expenses incurred , after the entire cargo was in safety , in getting off the ship and towing ...
... considered as having been carried on by the original ship after she had been repaired . It was held by the Court of Queen's Bench , that the expenses incurred , after the entire cargo was in safety , in getting off the ship and towing ...
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Common terms and phrases
action amount arises assignment Assurance Company authority average bankrupt bankruptcy Beav benefit bill of exchange bind Bing bottomry bond Campb carried charter-party circumstances claim considered contract Court court of equity Crawshay damage debtor deceased partner defendant discharge dissolution East entitled equity Exch executors firm foreign freight held hypothecation interest joint creditors joint debts joint estate judgment law of France Law Rep lex fori liable London Assurance Company Lord Eldon Lord Ellenborough Lord Mansfield Lord Tenterden master ment nership notice of abandonment owner paid parties payment perils insured person plaintiff port premium principle prove question recover repairs respect risk Royal Exchange Assurance rule sailed seaworthy sell separate creditors separate estate ship and cargo shipowner Smith sold statute surviving partner Taunt tion total loss trade transaction underwriters vessel voyage warranty whole William Crawshay
Popular passages
Page 645 - 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 455 - 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...
Page 348 - In the event of any such trader as aforesaid being adjudged a bankrupt, or taking the benefit of any Act for the relief of insolvent debtors, or entering into an arrangement to pay his creditors less than twenty shillings in the pound, or dying in insolvent circumstances, the lender of any such loan...
Page 734 - 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 718 - ... fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such case the court shall not award or order the restitution of such security...
Page 937 - 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 347 - No contract for the remuneration of a servant or agent of any person engaged in any trade or undertaking by a share of the profits of such trade or undertaking shall, of itself, render such servant or agent responsible as a partner therein, nor give him the rights of a partner.
Page 637 - But if the court should be of opinion that the plaintiffs are not entitled to recover...
Page 789 - By the law and constitution of this country, the sovereign alone ias the power of declaring war and peace. He alone, therefore, who has the power of entirely removing the state of war, has the power of removing it in part, by permitting, where he sees proper, that commercial intercourse which is a partial suspension of the war.
Page 729 - Mansfield directed a nonsuit; but upon a rule to show cause why there should not be a new...