Reports of Cases Argued and Determined in the High Court of Chancery: From the Year 1789 to 1817, Volume 14; Volume 25S. Sweet and Stevens and Sons, 1827 - Equity |
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Common terms and phrases
according Act of Bankruptcy Act of Parliament affidavit agreement annuity answer applied assigns attorney Bank bankrupt Baseley benefit Bill bond charged circumstances claim Commission of Bankruptcy consideration considered contract costs Court of Equity covenant Craythorne creditor death debt declared Decree deed Defendant demised directed dividend effect election entitled evidence execution executors expence farther fund give granted Grojan ground heirs HEMSWORTH Henry Swinburne HUGUENIN interest issue John Penn John Purcell jurisdiction Kerman lease legacies lessor Loggon Lord CHANCELLOR Lord Hardwicke Lord Thurlow M'Namara Master ment moiety objection Order paid parishioners party payment personal estate Petition PICKETT Plaintiff possession prayed premises principle proved purchaser purpose question reference renewal rent residue shew Sir John Swinburne Sir Samuel Romilly sister Solicitor specific Statute suit surety Swinburne taken tenant term testator's tion transaction trustees wife
Popular passages
Page 306 - The question is, not, whether she knew, what she was doing, had done, or proposed to do, but how the intention was produced: whether all that care and providence was placed round her, as against those, who advised her, which, from their situation and relation with respect to her, they were bound to exert on her behalf.
Page 484 - ... and of the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing...
Page 537 - Court, when he is a suitor or defendant in such Court ; and the Court on motion shall issue process accordingly, which process shall not be stopped or delayed in its execution, by any order, rule, command, or process of any other Court, either of law or equity, unless it shall be made appear on oath to such Court, that the arbitrators or umpire misbehaved themselves, and that such award, arbitration, or umpirage was procured by corruption, or other undue means.
Page 391 - ... an act, in short, unequivocally referring to and resulting from the agreement, and such that the party would suffer an injury amounting to fraud by the refusal to execute that agreement; in such case the agreement will be decreed to be specifically performed.
Page 411 - No price having ever been fixed in that mode, the parties have not agreed upon any price. Where then is the complete and concluded contract, which this Court is called upon to execute ? The price is of the es[* 407] sence of a contract of sale. In * this instance the parties have agreed upon a particular mode of ascertaining the price. The agreement, that the price shall be fixed in one specific manner, certainly does not afford an inference, that it is wholly indifferent, in what manner it is to...
Page 537 - That any arbitration or umpirage, procured by corruption or -undue means, shall be judged and esteemed void and of none effect, accordingly be set aside by any court of law or equity...
Page 295 - Wilm. 58, is an express authority, that it is within the reach of the principle of this court to declare, that interests so gained, by third persons, cannot possibly be held by them ; and Lord Hardwicke observes justly, that if a person could get out of the reach of the doctrine and principle of this court by giving interests to third persons, instead of reserving them to himself, it would be almost impossible ever to reach a case of fraud. In that instance, therefore, the interest of the son was...
Page 153 - Upon his death all difficulty as to performing the contract ceased. The rents and profits are to be given from the completion of the contract : but the purchaser was the cause of the delay ; and might have had considerable advantage from the use of his money. If the Decree is made against him for a specific performance, he cannot at the expence of the Plaintiffs be put in the same situation, as if the contract had been performed at the time.
Page 168 - ... a surety will be entitled to every remedy, which the creditor has against the principal debtor ; to enforce every security and all means of payment; to stand in the place of the creditor...
Page 472 - ELDON said that where there is an undertaking upon the sale of the good-will of a trade not to carry on the same business, and to use the best endeavors to assist the purchaser, the remedy for a breach by enticing the customers of plaintiff was by an action of covenant or issue quantum damnificatiis, and refused an injunction.