Leading Cases in the Commercial Law of England and Scotland: Bills of exchange and promissory notes

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W. G. Benning and Company, 1853 - Commercial law
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Page 135 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 207 - That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover.
Page 71 - ... for the payment of any sum of money out of any particular fund which may or may not be available...
Page 878 - It would perplex the commercial transactions of mankind, if paper securities of this kind were issued out into the world, encumbered with conditions and contingencies, and if the persons to whom they were offered in negotiation were obliged to inquire when these uncertain events would probably be reduced to a certainty.
Page 573 - No such power exists, except in the cases alluded to in the argument, of the master of a ship, and of the acceptor of a bill of exchange for the honour of the drawer.
Page 246 - ... took it under circumstances which ought to have excited the suspicion of a prudent and careful man.
Page 81 - ... woman be forcibly taken away, and married, she may be a witness against such her husband, in order to convict him of felony. For in this case she can with no propriety be reckoned his wife; because a main ingredient, her consent, was wanting to the contract: and also there is another maxim of law, that no man shall take advantage of his own wrong...
Page 49 - London allow the three days' grace on notes like the present. The opinion of merchants, indeed, would not govern this court in a question of law, but I am glad to find that the practice of the commercial world coincides with the decision of a court of law. Therefore I think that it would be dangerous now to shake that practice, which is warranted by a solemn decision of this court, by any speculative reasoning upon the subject ; and, consequently, this rule must be made absolute to enter a verdict...
Page 183 - Terra 1824, 6B.&C. 750. the jury found a verdict for the plaintiffs, subject to the opinion of the Court on the following case : — The plaintiffs are...
Page 489 - What is reasonable notice is partly a question of fact, and partly a question of law. It may depend in some measure on facts ; such as the distance at which the parties live from each other, the course of the post, &c.

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