The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, Volume 17

Front Cover
Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead
Sweet & Maxwell, limited, 1894 - Law reports, digests, etc
 

Other editions - View all

Common terms and phrases

Popular passages

Page 386 - And in case of any Loss or Misfortune, it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour, and travel for, in and about the Defence, Safeguard, and Recovery of the said Goods and Merchandises and Ship, &c., or any Part thereof, without prejudice to this Insurance ; to the Charges whereof we the Assurers will contribute each one according to the Rate and Quantity of his sum herein Assured.
Page 407 - The question for the opinion of the court was whether the plaintiff was entitled to recover. If...
Page 24 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor, but the equities meant are such as obtain in favor of the debtor, and not those claimed by a third person against the assignor.
Page 9 - Support of sick, maimed, and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned in the Merchant Service ; and for other Purposes.
Page 281 - The question for the opinion of the Court is, whether the plaintiff is entitled to recover in respect of the obstruction of light and air complained of.
Page 649 - Undoubtedly, as a general proposition a right of lien gives no right to sell the goods. But when goods are deposited by way of security, to indemnify a party against a loan of money, it is more than a pledge. The lender's rights are more extensive than such as accrue under an ordinary lien in the way of trade.
Page 6 - If it might, consistently with the will, be applied to other than strictly charitable purposes, the trust is too indefinite for the Court to execute.
Page 366 - ... against all persons, this is but a covenant to indemnify against lawful title; and the reason is, because as it regards such acts as may arise from rightful claim, a man may well be supposed to covenant against all the world ; but it would be an extravagant extension of such a covenant if it were good against all the acts which the folly or malice of strangers might suggest; and therefore the law has properly restrained it within its reasonable import, that is, to rightful title.
Page 181 - ... for their lives, and the life of the survivor ; and after the death of the survivor...
Page 674 - The general distinction is this : where the immediate act of imprisonment proceeds from the defendant, the action must be trespass and trespass only; but where the act of imprisonment by one person is in consequence of information from another, there an action upon the case is the proper remedy, because the injury is sustained in consequence of the wrongful act of that other.

Bibliographic information