The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 23; Volume 54Saunders and Benning, 1855 - Law |
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Page 22
... less similar to payment , as by accord and satisfaction , where something other than the sum due is accepted in satisfaction of the right to that sum ; or by set - off , where the right to a sum of money is extinguished wholly or ...
... less similar to payment , as by accord and satisfaction , where something other than the sum due is accepted in satisfaction of the right to that sum ; or by set - off , where the right to a sum of money is extinguished wholly or ...
Page 25
... less than all that is due on the account on which it is paid ) is received by the creditor without objection . In other cases the rule which applies is , Quidquid recipitur , recipitur in modum recipientis.2 2. By the law of this ...
... less than all that is due on the account on which it is paid ) is received by the creditor without objection . In other cases the rule which applies is , Quidquid recipitur , recipitur in modum recipientis.2 2. By the law of this ...
Page 29
... less , of course , the excess , if any , of the sum paid , over and above the debt to which the payment has been applied by the creditor . The surety cannot effectually urge that the debtor must be presumed to have per- formed his ...
... less , of course , the excess , if any , of the sum paid , over and above the debt to which the payment has been applied by the creditor . The surety cannot effectually urge that the debtor must be presumed to have per- formed his ...
Page 33
... less neutralise each other ; the difference between the value of the securities held by the creditor , and the sums owing to him , determines which of the two parties is upon the whole the debtor of the other ; anduntil the balance is ...
... less neutralise each other ; the difference between the value of the securities held by the creditor , and the sums owing to him , determines which of the two parties is upon the whole the debtor of the other ; anduntil the balance is ...
Page 37
... less the dividend paid in respect of it . ' The same rule of appropriation pro ratá applies of course where , in the absence of insolvency , it can be gathered from the conduct of the parties that a general pay- ment was intended as a ...
... less the dividend paid in respect of it . ' The same rule of appropriation pro ratá applies of course where , in the absence of insolvency , it can be gathered from the conduct of the parties that a general pay- ment was intended as a ...
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Common terms and phrases
action amount annuity appear applied appropriation bankruptcy Baron Barrister Bill circumstances claim Commissioners commitment Common Law constructive notice contract Copley County Court judge Courts of Equity creditor criminal debt debtor defendant discharge doctrine duties effect England equity evidence executor fact favour give habeas corpus hæres held honour House of Commons House of Lords imprisonment inquiry insolvency interest judgment judgment summons jurisdiction jury Justice Law Merchant limited liability loan London Lord Brougham Lord Chancellor Lord Lyndhurst Lord Mansfield matter ment mercantile Merchant mind nature object obtained opinion Parliament partner partnership party passed payment person plaintiff political present presumption principle prisoner proceedings profits question reason reference regard remarks respect Roman Law rule ship solicitor statute summons superior Courts testator tion trust Vict Vide words writ of habeas
Popular passages
Page 407 - Whenever any ship, whether a steam or sailing ship, proceeding in one direction, meets another ship, whether a steam or tailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve any risk of a collision, the helms of both ships shall be put to port so as to pass on the port side of each other...
Page 253 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be...
Page 101 - For books are not absolutely dead things, but do contain a potency of life in them to be as active as that soul was whose progeny they are ; nay, they do preserve as in a vial the purest efficacy and extraction of that living intellect that bred them.
Page 287 - ... he may be examined upon oath touching his estate and effects and the manner and circumstances under which he contracted the debt or incurred the damages or liability which is the subject of the action in which judgment has been obtained against him, and as to the means and expectations he then had and as to the property and means he still hath of discharging the said debt or damages or liability, and as to the disposal he may have made of any property...
Page 276 - That on complaint and request in writing by or on behalf of any person committed and charged with any crime (unless committed for treason or felony expressed in the warrant; or as accessory, or on suspicion of being accessory, before the fact, to any petit treason or felony; or upon suspicion of such...
Page 384 - Act annexed (on which judgment no proceeding in error is to lie), for any sum not exceeding the sum indorsed on the writ, together with interest at the rate specified (if any) to the date of the judgment; and a sum for costs to be fixed by the...
Page 389 - After judgment, the Court, or a Judge may, under special circumstances, set aside the judgment, and, if necessary, stay or set asid'e execution, and may give leave to appear to the...
Page 288 - Court, that the party so summoned has then, or has had since the judgment obtained against him, sufficient means and ability to pay the debt, or damages, or costs so recovered...
Page 169 - First, cases in which the party charged has had actual notice that the property in dispute was in fact charged, incumbered, or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incumbrance, or other circumstance affecting the property of which he had actual notice...
Page 13 - From that time we all know the great study has been to find some certain general principles, which shall be known to all mankind, not only to rule the particular case then under consideration, but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained, till we have been lost in admiration at the strength and stretch of the human understanding...