Reports of Cases Decided in the High Court of Chancery ...: With Notes and References to Both English and American Decisions ...

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Gould, Banks & Company, 1853 - Equity
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Page 21 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest 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...
Page 21 - ... 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 all cases in which it is now payable by law.
Page 625 - ... where any doubt arises upon the true sense and meaning of the words themselves, or any difficulty as to their application under the surrounding circumstances, the sense and meaning of the language may be investigated and ascertained by evidence dehors the instrument itself ; for both reason and common sense agree that by no other means can the language of the instrument he made to speak the real mind of the party.
Page 164 - ... or the survivor of them, or the executors or administrators of the survivor; and the money recovered therein shall be deposited in the town treasury, to be applied and disposed of as provided in the twelfth section.
Page 625 - The general rule I take to be, that where the words of any written instrument are free from ambiguity in themselves, and where external circumstances do not create any doubt or difficulty as to the proper application of those words to claimants under the instrument, or the...
Page 260 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
Page 246 - Provided always and it is the true intent and meaning of these presents and of the said...
Page 522 - ... creditors within the meaning of this act ; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts, shall and may be exercised by courts of equity with respect to matters therein depending, and by the Lord Chancellor and the Court of Review in matters of bankruptcy, and by the Lord Chancellor in matters of lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies,...
Page 620 - ... no extrinsic evidence of the intention of the party to the deed, from his declarations, whether at the time of his executing the instrument, or before or after that time, is admissible ; the duty of the court being to declare the meaning of what is written in the instrument, not of what was intended to have been written.
Page 145 - Redesdale twice asserts the proposition, " that where two or more persons claim the same thing, by different or separate interests, and another person not knowing to which of the claimants he ought of right to render a debt or duty, or to deliver property in his custody, fears he may be hurt by some of them, he may exhibit a bill of interpleader against them

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