Reports of Cases Decided in the High Court of Chancery ...: With Notes and References to Both English and American Decisions ...Gould, Banks & Company, 1853 - Equity |
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Page 3
... present adventurers who shall continue their shares , do give an undertaking , to the Vice Warden , to pay their proportions of the deficiency which may remain due from John Gundry as late purser , after the proceeds of the said John ...
... present adventurers who shall continue their shares , do give an undertaking , to the Vice Warden , to pay their proportions of the deficiency which may remain due from John Gundry as late purser , after the proceeds of the said John ...
Page 11
... present parties alone . The arrangement under which the title to the shares was acquired , was one entire transaction : is it competent , then , to the plaintiff to come against one only of the parties who acquired a title under that ...
... present parties alone . The arrangement under which the title to the shares was acquired , was one entire transaction : is it competent , then , to the plaintiff to come against one only of the parties who acquired a title under that ...
Page 13
... present . Taking then the case to be as it is represented by the bill , my opinion is that this Court will give relief , notwithstanding the lapse of time for there is an allegation that Mrs. Hill , at the time when she agreed to become ...
... present . Taking then the case to be as it is represented by the bill , my opinion is that this Court will give relief , notwithstanding the lapse of time for there is an allegation that Mrs. Hill , at the time when she agreed to become ...
Page 19
... present assignee . The defend- ants are the existing partners in the Gweek Company , Richard Tyacke being dead ; and the bill prays that such shares may be restored to the estate of the Gundrys , upon such terms as the court may think ...
... present assignee . The defend- ants are the existing partners in the Gweek Company , Richard Tyacke being dead ; and the bill prays that such shares may be restored to the estate of the Gundrys , upon such terms as the court may think ...
Page 29
... present plaintiff represents the Norwich Union Insu- rance Society : and he has filed a bill which , after setting forth the granting , by that society , of a * policy of insu- [ * 30 ] rance , for the life of a particular person , and ...
... present plaintiff represents the Norwich Union Insu- rance Society : and he has filed a bill which , after setting forth the granting , by that society , of a * policy of insu- [ * 30 ] rance , for the life of a particular person , and ...
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Common terms and phrases
aforesaid alleged annuity answer applied appointed assignees Austwick bankrupts benefit bill charity Christ's Holy Gospel claim clause codicil Company costs Court court of equity creditors daughter death debts decease declared decree deed defendant demurrer devised directed dissenters dividends Duesbury Edward Weld effect Elizabeth Throckmorton entitled equity evidence executors filed Firmin freehold funds heirs hereditaments husband indenture infant insolvent intended interest interpleader issue John Joseph Weld jurisdiction Kekewich Knight Bruce Lady Champneys Lady Hewley lease legacies Lord Lord Chancellor Lord Eldon marriage Master mentioned moiety mortgage opinion paid parties partnership payment personal estate petition plaintiff possession Presbyterians purchase purpose question real estates remainder rents residue respect settlement shares Sir James Hay Sir James Langham suit survivor Taylor tenant testator's thereby therein thereof Thomas Tibbits tion trust trust-funds vested VICE-CHANCELLOR Weld family wife words
Popular passages
Page 23 - 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 23 - ... 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 627 - ... 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 166 - ... 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 627 - 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 262 - 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 248 - Provided always and it is the true intent and meaning of these presents and of the said...
Page 524 - ... 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 622 - ... 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 147 - 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