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action agreement alleged appellant apply authorised bank bill of exchange Board breach by-law Ch.D cheque clause Company condition precedent consent contended contract conveyance Council covenant Crown damages Davern deed defendant Corporation defendants Lodder District duty entitled evidence executed fact forfeiture grant held indorsed intended judgment jury L.J. Ch L.J. Ex Land Court Act Land Transfer Act lease lessee lessor liable licence Lodder and Murphy Lord ment mortgage N.Z. LR Native Land Court navigation opinion option Orakei owners paid Palmerston North parties payable payment person petition of right plaintiff possession post-dated cheque Public Trustee Public Works Act quantum meruit question recover referred registered resolution respect respondent right to purchase river road scale of tolls Solicitor Stamp Act statement of claim statute Statute of Limitations Stout Supreme Court tenant testator tion toll-gate transaction vendor vested Waikato River Wellington words Zealand
Side 584 - In any case not provided for in this act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of "principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern.
Side 746 - ... a new trial on the ground of the verdict being against the weight of evidence...
Side 396 - ... for any amount the stamp will cover, using the signature for that of the drawer, or the acceptor, or an indorser; and, in like manner, when a bill is wanting in any material particular, the person in possession of it has a prima facie authority to fill up the omission in any way he thinks fit.
Side 181 - On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain.
Side 34 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Side 9 - The case was one unquestionably within the province of a jury, and in my opinion the verdict ought not to be disturbed unless it was one which a jury, viewing the whole of the evidence reasonably, could not properly find.
Side 707 - A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, unless in the opinion of the Court to which the application is made some substantial wrong or miscarriage has been thereby occasioned in the trial...
Side 22 - acquires the property for himself, and his faith is not " pledged to maintain the title of the vendor. The rights of " the vendor are intended to be extinguished by the sale, and " he has no continuing interest in the maintenance of his title " unless he should be called upon in consequence of some " covenant or warranty in his deed.
Side 700 - The rule I am laying down goes only to this, that the danger contemplated on entering into the contract, shall not be aggravated by any omission on the part of the master to keep the machinery in the condition in which, from the terms of the contract or the nature of the employment, the servant had a right to expect that it would be kept.