A Selection of Leading Cases on Mercantile and Maritime Law: With Notes |
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Page 2
... whole debt proved under the Commission ) , the balance of £ 1713 would be reduced to £ 1171 and a fraction ; and it was this last sum which Clayton claimed against Devaynes's estate , and as to which the Master had reported that Clayton ...
... whole debt proved under the Commission ) , the balance of £ 1713 would be reduced to £ 1171 and a fraction ; and it was this last sum which Clayton claimed against Devaynes's estate , and as to which the Master had reported that Clayton ...
Page 15
... whole account , a balance of £ 1000 . It would surprise one to hear the customer say , " I have been fortu- nate enough to draw out all that I paid in during the last four years , but there is £ 1000 which I paid in five years ago that ...
... whole account , a balance of £ 1000 . It would surprise one to hear the customer say , " I have been fortu- nate enough to draw out all that I paid in during the last four years , but there is £ 1000 which I paid in five years ago that ...
Page 29
... whole amount , upon the sale of the property comprised in the security for a sum insufficient to pay the whole amount due , it will be applied proportionably in payment of the two debts ; that is to say CLAYTON'S CASE . 29.
... whole amount , upon the sale of the property comprised in the security for a sum insufficient to pay the whole amount due , it will be applied proportionably in payment of the two debts ; that is to say CLAYTON'S CASE . 29.
Page 39
... whole cargo , by which the burden of repairing the damages of the ship may be , in the event , thrown upon the cargo ; and by which all distinctions of general and particular average may be overturned , and the whole expense be thrown ...
... whole cargo , by which the burden of repairing the damages of the ship may be , in the event , thrown upon the cargo ; and by which all distinctions of general and particular average may be overturned , and the whole expense be thrown ...
Page 46
... whole cargo overboard . The only obli- gation will be , that the ship should contribute its average propor- tion . It is said this power of throwing over the whole cannot be but in cases of extreme danger , which sweeps all ordinary ...
... whole cargo overboard . The only obli- gation will be , that the ship should contribute its average propor- tion . It is said this power of throwing over the whole cannot be but in cases of extreme danger , which sweeps all ordinary ...
Other editions - View all
A Selection of Leading Cases on Mercantile and Maritime Law: With Notes ... Owen Davies Tudor No preview available - 2020 |
A Selection of Leading Cases on Mercantile and Maritime Law: With Notes ... Owen Davies Tudor No preview available - 2017 |
Common terms and phrases
act of bankruptcy action agent amount assignment assured average bank bankrupt Beav bill of lading Bing bona fide bottomry bond Campb cargo charter-party chattels claim consignee contract Court court of equity Crawshay damage debt debtor deed defendant delivered delivery East effect entitled Exch firm foreign fraud fraudulent freight held hypothecation indorsed insured interest joint creditors judgment L. R. Ch L. R. Eq law of France liable lien London Assurance Co Lord Lord Eldon Lord Ellenborough Lord Mansfield master ment notice of abandonment paid parties partner partnership payment person plaintiff port possession principle purchaser question recover repairs reputed ownership Royal Exchange Assurance rule ruptcy separate estate ship Smith sold statute stoppage in transitu Taunt tion total loss trade transaction trover trustee underwriters vendee vendor vessel Vict voyage
Popular passages
Page 301 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 300 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 706 - All goods, being at the commencement of the bankruptcy in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 538 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 301 - Where a person takes a crossed cheque which bears on it the words ' not negotiable, ' he shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
Page 539 - In the event of any such trader as aforesaid being adjudged a bankrupt, or taking the benefit of any Act for the relief of insolvent debtors...
Page 280 - ... behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case 'the property shall be restored to the owner or his representative ; and...
Page 659 - The duties of the holder with respect to presentment for acceptance or payment, and the necessity for or sufficiency of a protest or notice of dishonour, or otherwise, are determined by the law of the place where the act is done, or the bill is dishonoured.
Page 301 - ... fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such case the court shall not award or order the restitution of such security...
Page 659 - Kingdom, it may, for the purpose of enforcing payment thereof, be treated as valid as between all persons who negotiate, hold, or become parties to it in the United Kingdom.