The Contract of Pawn: As it Exists at Common Law, and as Modified by the Pawnbrokers' Acts, the Factors' Acts, and Other Statutes |
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Page 26
... action ) , cannot become the subject of a pledge , for according to that law , they are in- capable of any delivery . Incorporales res traditi- onem et usucapionem non recipere , manifestum est ( d ) . Story , however , quotes some ...
... action ) , cannot become the subject of a pledge , for according to that law , they are in- capable of any delivery . Incorporales res traditi- onem et usucapionem non recipere , manifestum est ( d ) . Story , however , quotes some ...
Page 31
... action , money , and all other forms of personal property , are proper subjects of pawn . Upon this proposition , however , certain exceptions have been grafted from motives of public policy . Hence an officer in the army or navy , or ...
... action , money , and all other forms of personal property , are proper subjects of pawn . Upon this proposition , however , certain exceptions have been grafted from motives of public policy . Hence an officer in the army or navy , or ...
Page 37
... action by the assignees of a Bankrupt against a Pawnbroking firm with whom he had pledged some goods shortly before bankruptcy ( c ) , it was shown that the goods had been received by the defendants in one parcel , and that they had ...
... action by the assignees of a Bankrupt against a Pawnbroking firm with whom he had pledged some goods shortly before bankruptcy ( c ) , it was shown that the goods had been received by the defendants in one parcel , and that they had ...
Page 46
... action for money had and received , though the factor had appropriated part of the money advanced by the pawnee , to the payment of one of the bills drawn by the principal on his agent the pawnor . And this rule was upheld , even when ...
... action for money had and received , though the factor had appropriated part of the money advanced by the pawnee , to the payment of one of the bills drawn by the principal on his agent the pawnor . And this rule was upheld , even when ...
Page 65
... action that might be affected by the statutes of limitation . It would seem that where there is no certain day for redemption , and the pawn remains with the pawnee , there the statute would not operate , but evidence in support of the ...
... action that might be affected by the statutes of limitation . It would seem that where there is no certain day for redemption , and the pawn remains with the pawnee , there the statute would not operate , but evidence in support of the ...
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Common terms and phrases
12 Vict 25 Vict 5th edit action aforesaid agent amount Application of penalty.-Moiety apply assignees bailee bankrupt bankruptcy bill of exchange bill of lading bona fide broker charge Chattels cited Coggs committed Common Law consignee convicted Court creditor damages debt deemed default defendant deliver delivery deposited detinue doctrine duplicate entitled Equity factor given held imprisonment interest intrusted jury Justice or Justices liable lien Lord magistrate market overt ment Mode of enforcing.-Distress Monts de Piété mortgage notice obtained parish where offence party Pawnbroker pawnee pawnee's pawnor payment penalty Person or Persons plaintiff pledgor poor of parish possession prove purchase real owner received recover redemption refusal remainder to poor Roman Law sell Smith sold sooner paid 11 statute stolen Story On Bailments taken tender thereof tion trade trover unless sooner paid Usury warrant
Popular passages
Page 320 - 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 52 - document of title" shall include any bill of lading, dock warrant, warehouse-keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented...
Page 2 - If thou at all take thy neighbour's raiment to pledge, thou shalt deliver it unto him by that the sun goeth down : for that is his covering only, it is his raiment for his skin : wherein shall he sleep ? and it shall come to pass, when he crieth unto me, that I will hear; for I am gracious.
Page 136 - Goods ; and any Person, to whom any Property shall be offered to be sold, pawned, or delivered, if he shall have reasonable Cause to suspect that any such Offence has been committed on or with respect to such Property, is...
Page 322 - ... shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable-, at the discretion of the Court, to any of the punishments which the Court may award, as hereinbefore last mentioned.
Page 320 - ... within the meaning of this act ; and any agent intrusted as aforesaid, and possessed of any such document of title, whether derived immediately from the owner of such goods, or obtained by reason of such agent's having been intrusted with the possession of the goods, or of any other document of title thereto...
Page 211 - ... contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed...
Page 319 - Agent so intrusted as aforesaid, as well for any original Loan, Advance, or Payment made upon .the Security of such Goods or Documents, as also for any further or continuing Advance in respect thereof, and such Contract or Agreement shall be binding upon and good against the Owner of such Goods, and all other Persons interested therein, notwithstanding the Person claiming such Pledge or Lien may have had Notice that the Person with whom such Contract or Agreement is made is only an Agent.
Page 318 - ... documents, as also for any further or continuing advance in respect thereof; and such contract or agreement shall be binding upon and good against the owner of such goods, and all other persons interested therein, notwithstanding the person claiming such pledge or lien may have had notice that the person with whom such contract or agreement is made is only an agent.
Page 277 - ... the Party making the Requisition and receiving the Fugitive ; and it is by the Eleventh Article of the said Treaty further agreed, that the Tenth Article hereinbefore recited, should continue in force until one or other of the High Contracting Parties should signify its wish to terminate it, and no longer : And whereas it is expedient that provision should be made for carrying the said agreement into effect...