Scottish Law Journal and Sheriff Court Record, Volum 1Thomas Murray and Son., 1859 |
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action admitted affidavit agent aliment alleged allowed amount appears apply authority averred Bank bankrupt bankruptcy Bankruptcy Scotland bill child circumstances claim Company consigned consignee contract Court of Session creditors damages debtor decerns decree deed of arrangement defender defender's delivery discharge effect entitled evidence expenses fact factor favour Finds Forbes & Co Glasgow Greenock ground heard parties held heritor Interlocutor James John judgment judicial liable lien Lord Lord Ordinary M'Haffie Martinmas matter ment Newall object obligation ordinary owner paid parish payment person Peter Beattie petitioner plea pleaded poinding possession present principal procurators pronounced the following proof proprietor proved purchaser pursuer question received reference remits respect Scotland seller sequestration SHERIFF BELL SHERIFF COURT Sheriff-Substitute Sir Archibald Alison Small Debt sold statute summons sustained third party tion transaction trustee vote Wardlaw whole William Cousin William Hunter witnesses
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Side 36 - Act, and to such regulations, being not inconsistent with the aforesaid regulations or provisions, as may be prescribed by the company in general meeting ; but no regulation made by the company in general meeting shall invalidate any prior act of the directors which would have been valid if such regulation had not been made.
Side 57 - That place is properly the domicile of a person in which he has voluntarily fixed the habitation of himself and his family, not for a mere special and temporary purpose, but with a present intention of making it his permanent home, unless and until something (which is unexpected or the happening of which is uncertain ) shall occur to induce him to adopt some other permanent home.
Side 34 - That if any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner...
Side 58 - In the former case, the principal will be bound by the acts of his agent within the scope of the general authority conferred on him, although he violates, by those acts, his private instructions and directions, which are given to him by the principal, limiting, qualifying, suspending, or prohibiting the exercise of such authority under particular circumstances.
Side 49 - An authority of this kind empowers the agent to bind his employer by all acts within the scope of his employment, and that power cannot be limited by any private order or restriction, not known to the party dealing with the agent.
Side 32 - Act, where goods have been sold, but the same have not been delivered to the purchaser, and have been allowed to remain in the custody of the seller, it shall not be competent for any creditor of such seller, after the date of such sale, to attach such goods as belonging to the seller by any diligence or process of law, including sequestration, to the effect of preventing the purchaser or others in his right from enforcing delivery of the same...
Side 2 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Side 79 - The result seems to be that where an agreement is entered into on a sufficient consideration, whereby an authority is given for the purpose of securing some benefit to the donee of the authority, such an authority is irrevocable. This is what is usually meant by an authority coupled with an interest.
Side 57 - Indeed formal instruments of this sort (letters of attorney), are ordinarily subjected to a strict interpretation, and the authority is never extended beyond that which is given in terms, or which is necessary and proper for carrying the authority so given into full effect.
Side 57 - An agent ordinarily, and without express authority, or a fair presumption of one, growing out of the particular transaction or the usage of trade...