Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volume 6J.J. Moore, 1868 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 3
... fact , if he relies upon it . It is rather an order of a Petty Sessions Court under the 10 Vic . , No. 10 , under which the Court can adjudicate in cases up to £ 30 . If there was no consent , as required by the 4th section , it should ...
... fact , if he relies upon it . It is rather an order of a Petty Sessions Court under the 10 Vic . , No. 10 , under which the Court can adjudicate in cases up to £ 30 . If there was no consent , as required by the 4th section , it should ...
Page 19
... fact , there was no evidence that this spot existed as a water outlet before the alteration of the levels of the adjacent streets . The Attorney General contra . The words " public and private , " in section 7 , must be limited to the ...
... fact , there was no evidence that this spot existed as a water outlet before the alteration of the levels of the adjacent streets . The Attorney General contra . The words " public and private , " in section 7 , must be limited to the ...
Page 21
... fact . Issue thereon . The Mint the 25th Sep- Regulations of tember , 1855 , state that- “ ( 1 ) Importa- tions of gold for coinage , from 1000 dard upwards , will be re- ceived subject to a charge of ounces stan- three quarters per ...
... fact . Issue thereon . The Mint the 25th Sep- Regulations of tember , 1855 , state that- “ ( 1 ) Importa- tions of gold for coinage , from 1000 dard upwards , will be re- ceived subject to a charge of ounces stan- three quarters per ...
Page 24
... fact , as between the Mint and the suppliant , " an importation . " And on this point the several papers , delivered to and accepted by the suppliant , in which it ap- pears in three different columns , that each separate parcel for ...
... fact , as between the Mint and the suppliant , " an importation . " And on this point the several papers , delivered to and accepted by the suppliant , in which it ap- pears in three different columns , that each separate parcel for ...
Page 30
... at the trial was not that declared on ; or that there was , in fact , no contract , there having been no acceptance , by the plaintiff , of the 1867 . MORRISON defendant's offer of another cargo ; or 30 SUPREME COURT REPORTS .
... at the trial was not that declared on ; or that there was , in fact , no contract , there having been no acceptance , by the plaintiff , of the 1867 . MORRISON defendant's offer of another cargo ; or 30 SUPREME COURT REPORTS .
Other editions - View all
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.