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The Law Times Reports: Containing All the Cases Argued and ..., Volum 76
Uten tilgangsbegrensning - 1897
action aforesaid agree agreement alleged apply appointed assessment assigns Attorney-General bank bills of lading borough charter-party claim claimants clause clerk Commissioners Company Limited contract corporation costs County Court Court of Appeal covenant damage decision defendants duty entitled evidence fact freight granted ground held income intended interest interpleader issue judgment jurisdiction jury justices K.B. Div King's Bench Division L. T. Rep land learned judge liable licence lien Lord Lord Alverstone matter meaning ment Midland Railway Muscat notice to treat offence opinion owner paid parties payable payment person plaintiff premises purchase purpose Q. B. Div question Railway Company referred rent respect respondents river river Irfon river Lee sect servant settlement shares ship Solicitors statute Sturgeon Falls tenant testator thereof tion trade trade union trustees ubi sup Vict words
Side 118 - Parliament assembled, and by the authority of the same, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and...
Side 154 - 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.
Side 51 - ... that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he shall have given due notice to him that he will rely on the above defence.
Side lxxi - I think, the gist of the action — but on the ground that a violation of legal right committed knowingly is a cause of action, and that it is a violation of legal right to interfere with contractual relations recognised by law if there be no sufficient justification for the interference.
Side 154 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Side 4 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Side 245 - The general rule is that where you cannot sever the illegal from the legal part of a covenant, the contract is altogether void; but, where you can sever them, whether the illegality be created by statute or by the common law, you may reject the bad part and retain the good.
Side 118 - Be it therefore enacted, * * * that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof...