The Law Magazine, Or, Quarterly Review of JurisprudenceSaunders and Benning, 1855 - Law |
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Page 21
... ment presupposes not only a sum of money due , but a sum of money which is either ascertained in amount , or at least capable of being ascertained by a mere arithmetical process . It of our Law Merchant . 21 ON THE APPROPRIATION OF ...
... ment presupposes not only a sum of money due , but a sum of money which is either ascertained in amount , or at least capable of being ascertained by a mere arithmetical process . It of our Law Merchant . 21 ON THE APPROPRIATION OF ...
Page 25
... ment at the time he makes it . These limitations of the rule require further development . 1. A creditor is not prejudiced by refusing to accept a partial payment on account of a larger sum due . If , therefore , he does not choose to ...
... ment at the time he makes it . These limitations of the rule require further development . 1. A creditor is not prejudiced by refusing to accept a partial payment on account of a larger sum due . If , therefore , he does not choose to ...
Page 28
... ment of which cannot be actively enforced , may be liquidated by a creditor in preference to a debt which the debtor could by action be compelled to pay . Thus , if one of two debts be barred by the Statute of Limitations , the creditor ...
... ment of which cannot be actively enforced , may be liquidated by a creditor in preference to a debt which the debtor could by action be compelled to pay . Thus , if one of two debts be barred by the Statute of Limitations , the creditor ...
Page 37
... ment was intended as a payment on account of each debt . Such was the case of Perris v . Roberts ( 1 Vern . 34 ) , aliter , Bevis v . Roberts ( 2 Ch . Ca. 83 ) , where two debts had been cast into one account , and a bill of sale given ...
... ment was intended as a payment on account of each debt . Such was the case of Perris v . Roberts ( 1 Vern . 34 ) , aliter , Bevis v . Roberts ( 2 Ch . Ca. 83 ) , where two debts had been cast into one account , and a bill of sale given ...
Page 41
... ment is made , he accepts it without objection , the payment must be applied to that debt on account of which the debtor made it . 3. A payment which is not , when made , appropriated to any debt in particular , may at any time be ...
... ment is made , he accepts it without objection , the payment must be applied to that debt on account of which the debtor made it . 3. A payment which is not , when made , appropriated to any debt in particular , may at any time be ...
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Common terms and phrases
action amount annuity appear applied appropriation bankruptcy Baron Barrister Bill circumstances claim clause 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 matter ment mercantile Merchant mind nature object observed 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...