Commentaries on Equity Jurisprudence, as Administered in England and America, Volume 1Little, Brown, 1877 - Equity |
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Page 190
... for the affirmation of what one does not know or believe to be true is equally , in morals and law , as unjustifiable as the affirmation of what is known to be positively false . And even if the party 178 , 195 ; Pidcock v . Bishop , 3 ...
... for the affirmation of what one does not know or believe to be true is equally , in morals and law , as unjustifiable as the affirmation of what is known to be positively false . And even if the party 178 , 195 ; Pidcock v . Bishop , 3 ...
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Commentaries on Equity Jurisprudence as Administered in England and America Jairus Ware Perry,Joseph Story No preview available - 2015 |
Common terms and phrases
Abridg agreement applied assets Beav Beavan bill bond C. E. Green Chancellor circumstances cited civil law Comm common law compel contract conveyance court of chancery courts of equity courts of law covenant creditor debt debtor decree deed defendant discovery doctrine enforce entitled execution executor fact favor Fonbl fraud fraudulent grant ground heir held Ibid interfere Jeremy on Eq Johns judgment Jurisd jurisdiction justice land Lect Lefr legacy legatee Lord Eldon Lord Hardwicke marriage ment mistake mistake of law mortgage Mylne notice parol partner partnership party payment Penn personal estate plaintiff Pothier principle purchaser real estate reason relief remedy at law rent rule Smith specific performance statute statute of frauds Sugden on Vendors suit surety Swanst tenant testator tion transaction trust Vern void
Popular passages
Page 371 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 738 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 15 - Equity is a roguish thing; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity.
Page 302 - ... satisfy the court, by the circumstances, that some advantage was taken of the confidential relation in which the alderman stood. If the alderman stood towards the admiral in any of the known relations of guardian and ward, attorney and client, trustee and cestui que trust, &c., then in order to support the deed he ought to show that no such advantage was taken; that all was fair; that he received the bounty freely and knowingly on the giver's part, and as a stranger might have done.
Page 614 - ... of the funds for another debt, the latter has a right, in equity, to compel the former to resort to the other fund, in the first instance, for satisfaction...
Page 22 - ... to restrain the assertion of doubtful rights in a manner productive of irreparable damage; (7.) to prevent injury to a third person by the doubtful title of others ; and (8.) to put a bound to vexatious and oppressive litigation, and to prevent multiplicity of suits.
Page 470 - ... or on the determination by any other means whatsoever of the interest of any such person, he or she, and his or her executors, administrators or assigns, shall be entitled to a proportion of such rents...
Page 198 - A seller is unquestionably liable to an action of deceit, if he fraudulently represent the quality of the thing sold to be other than it is, in some particulars, which the buyer has not equal means with himself of knowing ; or if he do so in such a manner as to induce the buyer to forbear making the inquiries, which, for his own security and advantage, he would otherwise have made.
Page 232 - The doctrine, therefore, may be laid down, as generally true, that the acts and contracts of persons who are of weak understandings, and who are thereby liable to imposition, will be held void in Courts of Equity, if the nature of the act or contract justify the conclusion that the party has not exercised a deliberate judgment, but that he has been imposed upon, circumvented, or overcome, by cunning, or artifice, or undue influence.
Page 445 - In such a case there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably, it is the sum first paid in, that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current are settled,...