The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 25 Vict., to [Michaelmas Term, 30 Vict.] ... Both Inclusive. [1862-1866], Volume 4; Volume 140H. Sweet, 1868 - Law reports, digests, etc |
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Page 5
... necessary for the purpose of giving the trustees rights against non- assenting creditors . [ Pollock , C. B. - Is there any instance of an action by trustees before registration ? No doubt , where property is assigned by deed the ...
... necessary for the purpose of giving the trustees rights against non- assenting creditors . [ Pollock , C. B. - Is there any instance of an action by trustees before registration ? No doubt , where property is assigned by deed the ...
Page 19
... necessary in that behalf , the plaintiff became , and was , and is , bound by the said deed as if he had been a party thereto and had 1865 . JOHN SON v . BARRATT . 1865 . JOHNSON V. BARRATT . EXCHEQUER REPORTS . duly c 2 MICHAELMAS TERM ...
... necessary in that behalf , the plaintiff became , and was , and is , bound by the said deed as if he had been a party thereto and had 1865 . JOHN SON v . BARRATT . 1865 . JOHNSON V. BARRATT . EXCHEQUER REPORTS . duly c 2 MICHAELMAS TERM ...
Page 20
... necessary , and , notwithstanding the 7th condition of the 192nd section , a deed may be valid although the debtor does not give up possession of any part of his pro- perty : Clapham v . Atkinson ( a ) . There are two ways in which the ...
... necessary , and , notwithstanding the 7th condition of the 192nd section , a deed may be valid although the debtor does not give up possession of any part of his pro- perty : Clapham v . Atkinson ( a ) . There are two ways in which the ...
Page 26
... necessary to give it validity under the Act . The point on which we reserved our judgment was this , that although the deed assigned the debtor's property to a trustee for the benefit of the creditors , yet it contained an express ...
... necessary to give it validity under the Act . The point on which we reserved our judgment was this , that although the deed assigned the debtor's property to a trustee for the benefit of the creditors , yet it contained an express ...
Page 30
... necessary to render the deed binding on non - assenting creditors had been complied with . Demurrer , and joinder therein . McIntyre , in support of the demurrer ( a ) .- The deed is made between the debtor of the one part , and all his ...
... necessary to render the deed binding on non - assenting creditors had been complied with . Demurrer , and joinder therein . McIntyre , in support of the demurrer ( a ) .- The deed is made between the debtor of the one part , and all his ...
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Common terms and phrases
192nd section 29 VICT 4th section affidavit aforesaid agreed agreement alleged amount answer appear apply appointed arbitrator assented assigns Attorney authority averment bankrupt Bankruptcy Act bill Bramwell carriage Channell charge Charles Christie claim clause Commissioners Common Law composition construction contract Court of equity Court of Exchequer covenant creditors damage debt debtor declaration deduction deed defendant defendant's delivered demurrer discharged duty entered entitled equity evidence EXCH EXCHEQUER REPORTS execution facts filed goit injury interpleader interrogatories John Cavell judgment jury land learned Judge liable Lord manufactory Martin matter ment negligence NEWPORT Dock notice opinion paid parties payable payment person Pigott plaintiff plea pleaded Pollock Queen's Remembrancer question reason recover rent respect rule sheriff shew ship SOUTH EASTERN RAILWAY statute Statute of Frauds testator thereof tion trustees verdict Western Railway Western Railway Company words writ
Popular passages
Page 238 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 659 - Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 162 - ... or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered, and interest thereon, and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor; provided that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of...
Page 402 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 267 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 219 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 376 - ... for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made : provided always, that this enactment shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or toward any plate, prize, or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime, or exercise.
Page 376 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of Law or Equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the bands of any person to abide the event on which any wager shall have been made...
Page 459 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 534 - ... shall receive upon any such security or attachment more than a rateable part of such debt, except in respect of any execution or extent served and levied by seizure upon, or any mortgage of or lien upon any part of the property of such bankrupt, before the bankruptcy...