Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Volume 4

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Page 115 - Whereas a Failure of Justice frequently arises from ' the subtle Distinction between Larceny and Fraud ;' For Remedy thereof be it enacted, That if any Person shall by any false Pretence obtain from any other Person any Chattel, Money, or valuable Security, with Intent to cheat or defraud any Person of the same, every such Offender shall be guilty of a Misdemeanor...
Page 229 - 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 settled,...
Page 51 - No award made with respect to any question referred to arbitration under the provisions of this or the special act shall be set aside for irregularity or error in matter of form.
Page 365 - That the jury, on the trial of any issue or on any inquisition of damages, may, if they shall think fit, give damages in the nature of interest over and above the value of the goods at the time of the conversion or seizure...
Page 46 - A verdict having been found for the Plaintiff, a rule nisi for a new trial was obtained, on the ground that the...
Page 159 - ... then and in every such case the jury may acquit the defendant of such felony, and find him guilty of...
Page 306 - ... were respectively written, signed, or executed, as they purport respectively to have been; that such as are specified as copies are...
Page 327 - NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void ; otherwise it shall remain in full force and effect.
Page 116 - that if any person shall by any false pretence obtain from any other person any chattel, money, or other valuable security, with intent to cheat or defraud any person of the same...
Page 85 - ... 548. When depositions are tendered in evidence as secondary proof of oral testimony, they are, of course, open to all the objections which might have been raised had the witness himself been personally present at the trial.

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