A Treatise on the Law Relative to Sales of Personal Property, Volumen3J. & W. T. Clarke, 1821 - 268 páginas |
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Página iii
... Purchasers of Personal Property , ) having appeared upon it . That book was published in the year 1811 , since which time many im- portant adjudications on the subject have taken place in the Courts of Law . If Mr. Ross had still been ...
... Purchasers of Personal Property , ) having appeared upon it . That book was published in the year 1811 , since which time many im- portant adjudications on the subject have taken place in the Courts of Law . If Mr. Ross had still been ...
Página vi
... purchaser . It has been the earnest endeavour of the author to comprise these important subjects within as small a compass as possible ; and he has taken as his guide , for the attainment of that end , the directions of Lord Bacon , con ...
... purchaser . It has been the earnest endeavour of the author to comprise these important subjects within as small a compass as possible ; and he has taken as his guide , for the attainment of that end , the directions of Lord Bacon , con ...
Página 26
... purchasers , and the rule of the common law still re- mains in force between the parties ; therefore , if a defendant die after the awarding of the ... purchaser have notice 26 THE STATUTE OF FRAUDS . 26, for "authorzie" read" authorize"
... purchasers , and the rule of the common law still re- mains in force between the parties ; therefore , if a defendant die after the awarding of the ... purchaser have notice 26 THE STATUTE OF FRAUDS . 26, for "authorzie" read" authorize"
Página 27
George Long. the sale is good , unless the purchaser have notice of the prior claim , which will avoid the sale ( a ) . By the 4th section of the statute of frauds , which has just been referred to , it is enacted ( b ) , " that no ...
George Long. the sale is good , unless the purchaser have notice of the prior claim , which will avoid the sale ( a ) . By the 4th section of the statute of frauds , which has just been referred to , it is enacted ( b ) , " that no ...
Página 36
... purchaser's clerk in a common memoran- dum - book , and signed by the seller , but in which the name of the purchaser was not mentioned , was insuf- ficient , for it did not appear by the note to whom the goods were sold ; and it would ...
... purchaser's clerk in a common memoran- dum - book , and signed by the seller , but in which the name of the purchaser was not mentioned , was insuf- ficient , for it did not appear by the note to whom the goods were sold ; and it would ...
Otras ediciones - Ver todas
Términos y frases comunes
15 East accept act of bankruptcy action afterwards agent agreed agreement alien enemy assignees authority bankrupt bill of exchange bill of lading bind bound broker brought buyer Campb chattels circumstances Common Pleas consideration considered consignee consignor contract of sale Court held Court of King's Cowp creditor debt deed defendant delivered delivery execution factor feme covert fraudulent given horse husband indorsement infant insolvency intended King's Bench liable license Lord Chief Justice Lord Ellenborough Lord Kenyon Lord Mansfield market overt memorandum ment necessaries Nisi Prius owner paid particular parties partner payment plaintiff possession principal purchaser Raym receive recover refused rescind sample seems sell seller Selw sent ship sold stamp-act statute of frauds sufficient Taunt thing tion tract trade transfer transitu vendee vendor void Wain Warlters warranty wife
Pasajes populares
Página 27 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Página 27 - Statute1 provides as follows: "no Action shall be brought whereby to charge any Executor or Administrator upon any special Promise, to answer Damages out of his own Estate ; or whereby to charge the Defendant upon any special Promise to answer for the Debt, Default or Miscarriages of another Person...
Página 27 - June no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Página 249 - In such a case, there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably, it is the sum first paid in, that is first drawn out. It is the first item on the debit side of the account, that is discharged, or reduced, by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other. Upon that principle, all accounts current are...
Página 81 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Página 66 - ... not having at the time of such conveyance or assurance to them made, any manner of notice or knowledge of such covin, fraud, or collusion as is aforesaid.
Página 27 - ... 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.
Página 65 - That this act, or any thing therein contained, shall not extend to any estate or interest in lands, tenements, hereditaments, leases, rents, commons, profits, goods or chattels, had, made, conveyed or assured, or...
Página 67 - Here was a trust between the parties, for the donor possessed all, and used them as his proper goods, and fraud is always apparelled and clad with a trust, and a trust is the cover of fraud.
Página 65 - That all and every feoffment, gift, grant, alienation, bargain, and conveyance of lands, tenements, hereditaments, goods, and chattels, or of any of them, or of any lease, rent, common, or other profit, or charge out of the same lands, tenements, hereditaments, goods, chattels, or any of them, by writing or otherwise, and all and every bond, suit, judgment, and execution...