Reports of Cases Argued and Determined in the High Court of Chancery: From the Year 1789 to 1817, Volum 15;Volum 25

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S. Sweet and Stevens and Sons, 1827
 

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Side 286 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Side 276 - And with respect to any such receiver as shall neglect to leave and pass his accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the...
Side 404 - The best rule of construction is that which takes the words to comprehend a subject that falls within their usual sense, unless there is something like declaration plain to the contrary...
Side 337 - Nor do we think it can now be put upon the natural equity "that a person having got the estate of another shall not, as between them, keep it and not pay the consideration...
Side 150 - But the intention of the crown, in all cases of this kind, is to put what is in strictness matter of bounty, upon the footing of matter of right. The service performed is thought worthy of reward ; and, though the party performing it died before payment, the claim of bounty from the crown is considered as transmissible to his representatives, in the same plight and condition as the claim for wages, or any other stipulated or legal remuneration of service.
Side 347 - ... as a mode of payment. From all these authorities the inference is, first, that, generally speaking, there is such a lien ; secondly, that in those general cases, in which there would be the lien, as as between vendor and vendee, the vendor will have the Ken against a third person; who had notice, that the money was not paid.
Side 338 - ... it has always struck me, considering this subject, that it would have been better at once to have held that the lien should exist in no case, and the vendor should suffer the consequences of his want of caution; or to have laid down the rule the other way so distinctly that the purchaser might be able to know, without the judgment of a court, in what cases it would, and in what cases it would not, exist.
Side 506 - ... at the age of twenty-one years or day of marriage, which should first happen after the...
Side 255 - Our law rejects fractions of a day more generally than the civil law does. The effect is to render the day a sort of indivisible point; so that any act, done in the compass of it, is no more referable to any one, than to any other, portion of it; but the act and the day are co-extensive ; and therefore the act cannot properly be said to be passed, until the day is passed.

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