Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volume 6J.J. Moore, 1868 - Law reports, digests, etc |
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Results 1-5 of 73
Page 14
... bound to satisfy the Court of the existence of certain facts before he can obtain a certain indulgence ; and in the cases referred to , the Courts were not so satisfied . But here the applicant is the defendant ; and the principle to be ...
... bound to satisfy the Court of the existence of certain facts before he can obtain a certain indulgence ; and in the cases referred to , the Courts were not so satisfied . But here the applicant is the defendant ; and the principle to be ...
Page 18
... bound to make good the soil , & c . , of private property , through which a sewer had been made . Again , under ( a ) Before Stephen , C. J. , Hargrave , J. , and Cheeke , J. ( b ) 17 Vic . , No. 34 . section 8 , the Corporation are ...
... bound to make good the soil , & c . , of private property , through which a sewer had been made . Again , under ( a ) Before Stephen , C. J. , Hargrave , J. , and Cheeke , J. ( b ) 17 Vic . , No. 34 . section 8 , the Corporation are ...
Page 28
... bound to show what in all probability the nett proceeds of the second voyage would be . There should have been evidence showing that there would have been a profit . The action is for refusing to freight this ship under the agreement ...
... bound to show what in all probability the nett proceeds of the second voyage would be . There should have been evidence showing that there would have been a profit . The action is for refusing to freight this ship under the agreement ...
Page 31
... bound upon the consideration being executed . ” Then as to the declaration not having stated anything about the third voyage , it was not necessary . We have set out the whole of the consideration , and so much of the promise as will ...
... bound upon the consideration being executed . ” Then as to the declaration not having stated anything about the third voyage , it was not necessary . We have set out the whole of the consideration , and so much of the promise as will ...
Page 43
... bound by the decision in the first equity suit . That suit was against the present plaintiffs and these defen- dants , by the cestuis que trust , for two objects : first , to establish the will and codicils ; and secondly , to obtain a ...
... bound by the decision in the first equity suit . That suit was against the present plaintiffs and these defen- dants , by the cestuis que trust , for two objects : first , to establish the will and codicils ; and secondly , to obtain a ...
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Common terms and phrases
14th section action aforesaid agreement alleged amount appears application attorney authority bank bill bond certificates circumstances claim codicil contract conveyance costs Court of Equity creditors Crown damages Daniel Egan dant Darley debt decision declaration decree defendant defendant's delivered delivery deposited discharged District Court entitled equity evidence executors fact Faucett fendant fraud grant Hargrave held Hellyer HOSKING indorsement Insolvent Act intended interest issue James Brown John Henry Jones John Tebbutt John Terry Jones judgment jurisdiction jury Justice land legal wager liable lien Lord M'Namara and Iredale matter memorandum ment mortgage obtained official assignee opinion paid parties payment person petition plaintiff plea pleaded possession Primary Judge principle Privy Council promissory note proved question Randle and Gibbons real estate recover referred rent Robey rule says solicitor statute Statute of Frauds Stephen suit surety Sydney testator thereof tion trial trust verdict wager Walker words
Popular passages
Page 2 - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
Page 322 - Is it not a universal rule that a man who puts his name to a bill of exchange thereby makes himself personally liable, unless he states upon the face of the bill that he subscribes it for another, or by procuration of another, which are words of exclusion? Unless he says plainly, "I am the mere scribe,
Page 55 - ... belonging to any person indebted, shall be liable to and chargeable with all just debts, duties and demands, of what nature or kind soever, owing by any such person to his Majesty or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satisfaction of debts due by bond or other specialty...
Page 348 - Neither, in the construction of a contract among merchants, tradesmen or others, will the evidence be excluded because the words are in their ordinary meaning unambiguous; for the principle of admission is, that words perfectly unambiguous in their ordinary meaning are used by the contractors in a different sense from that. What words more plain than "a thousand," "a week,
Page 376 - Act, and if they find in the preamble, or in any particular clause, an expression not so large and extensive in its import as those used in other parts of the Act, and upon a view of the whole Act...
Page 220 - The statute says there shall be no trust of land unless by memorandum in writing, except such trusts as arise by operation of law. Where money is actually paid, there the trust arises from the payment of the money, and not from any agreement of the parties. " But this is not like the case of money paid by one man and the conveyance taken in the name of another; in that case the bill charges that the estate was bought with the plaintiff's money. If the defendant says he borrowed it of the plaintiff,...
Page 134 - If, indeed, he has received the whole, or any substantial part of the consideration for the promise on his part, the warranty loses the character of a condition, or to speak...
Page 93 - ... to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in...
Page 119 - Copartnership; and that any such public Officer may in his own Name commence and prosecute any Action, Suit, or other Proceeding at Law or in Equity against any Person being or having been a Member of the said Copartnership...
Page 18 - No doubt, all the water falling from heaven and shed upon the surface of a hill, at the foot of which a brook runs, must, by the natural force of gravity, find its way to the bottom, and so into the brook ; but this does not prevent the owner of the land on which this water falls from dealing with it as he may please and appropriating it.