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
... possession before the act of pawning took place ; and therefore they do not meet the case of an assignment of the debtor's goods , previously in the creditor's keeping for some other purpose ; in which event , the relation of pawnor and ...
... possession before the act of pawning took place ; and therefore they do not meet the case of an assignment of the debtor's goods , previously in the creditor's keeping for some other purpose ; in which event , the relation of pawnor and ...
Page 28
... possessed ( a ) . It may seem unnecessary further to multiply authorities , but in confirmation and endorse- ment of what has been already said , we may cite the language of Lord Wensleydale : In the ordinary case of a pledge , the ...
... possessed ( a ) . It may seem unnecessary further to multiply authorities , but in confirmation and endorse- ment of what has been already said , we may cite the language of Lord Wensleydale : In the ordinary case of a pledge , the ...
Page 29
... possession , actual or constructive , of the thing pawned . The debtor , or person pawning , is called the pledgor or pawnor ; the creditor , or he that receives the pawn , is called the pledgee or pawnee . Any person competent to ...
... possession , actual or constructive , of the thing pawned . The debtor , or person pawning , is called the pledgor or pawnor ; the creditor , or he that receives the pawn , is called the pledgee or pawnee . Any person competent to ...
Page 32
... possession , the pawnee cannot law- fully take the goods in pledge , nor can he retain them as against the true owner . But if stolen goods have been sold in market overt , and afterwards pawned with a pawnee ignorant of the fact that ...
... possession , the pawnee cannot law- fully take the goods in pledge , nor can he retain them as against the true owner . But if stolen goods have been sold in market overt , and afterwards pawned with a pawnee ignorant of the fact that ...
Page 33
... possession of the goods ( c ) . The annual Mutiny Act ( d ) contains very stringent provisions for the punishment of any person who shall knowingly detain , buy , exchange , or receive from any soldier or deserter , or any other ( b ) ...
... possession of the goods ( c ) . The annual Mutiny Act ( d ) contains very stringent provisions for the punishment of any person who shall knowingly detain , buy , exchange , or receive from any soldier or deserter , or any other ( b ) ...
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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...