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4th Series acceptance acceptor action affirmed alleged appellants application argument authority Bank banker Bills of Exchange bishop charitable purposes child circumstances claim clause collision Colony Company contract Court of Appeal Court of Session Court Sess creditors debt decision defendants doubt drawer duty England entitled evidence executors fact favour fictitious Flipo foreshore ground H. L. E H. L. Sc harbour-master Haswell held Hugh Cameron indorsement injury intended judgment jury Justice land Law Rep learned friend learned judges legislature liable license Lord Esher Lord Halsbury Lord Herschell Lord Macnaghten Lord Ordinary Lord Watson Lordships master meaning ment negligence Niobe noble and learned opinion ordinary owner paid parties patent payee payment person Petridi plaintiff present provisions Queen's Bench Division question reason referred respect respondents risk Scotch Scotland sect shew ship Solicitors statute Stone testator trust Vagliano vessel Vict Vindomora Vucina words
Page 449 - A Court or a judge shall have power to enlarge or abridge the time appointed by these rules, or fixed by any order enlarging or abridging time for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may
Page 152 - signature on a bill is wholly inoperative, and that no right to retain the bill or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under that signature, except in the case of an estoppel. Nothing but legislation could have relieved bankers from the liability attaching to them in accordance
Page 173 - Case (1); according to law, and not humour. It is to be, not arbitrary, vague, and fanciful, but legal and regular. And it must be exercised within the limit, to which an honest man competent to the discharge of his office ought to confine himself : Wilson v.
Page 154 - Where the payee is a fictitious or non-existing person, the bill may be treated as payable to bearer." As a statement of law before the Act that would have been incomplete and inaccurate. The omission of the qualification required to make it complete and accurate as
Page 518 - A. bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person and does not contain words prohibiting transfer, or indicating an intention that it should not be transferable.
Page 322 - 120 and the following clauses of the County Courts Act 1888 (51 & 52 Viet. c. 43) there is no right of appeal from a county court except upon a question of law raised and submitted to the county court judge at the trial.
Page 58 - proceeds on the assumption that she was fitted for the service at the starting; it provides that " the owners shall maintain her in a thoroughly efficient state in hull and machinery for the service." What service ? The service of being a steamship fit to go from the ports which are defined
Page 46 - the ship by reason of any of the contingencies which this particular clause contemplates. " That in the event of loss of time from deficiency of men or stores, breakdown of machinery, want of repairs or damage, whereby the working of the vessel is stopped for more than forty-eight consecutive working hours." The language is consonant with what I have indicated
Page 131 - the rules of common law, including the law-merchant, "save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to bills of exchange.
Page 567 - belonging to any hospital, public school, or almshouse, or vested in trustees for charitable purposes, so far as the same are applied to charitable purposes." The question in controversy is, what is the scope of the term " charitable purposes " in this enactment ? The respondent is the treasurer of the Church of the United Brethren,