Cases Decided in the House of Lords: On Appeal from the Courts of Scotland ... 1842[-1850] ...W. Blackwood and Sons, 1846 - Law reports, digests, etc |
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Cases Decided in the House of Lords: On Appeal from the Courts of Scotland ... Sir Sydney Smith Bell No preview available - 2020 |
Common terms and phrases
Act of Parliament action admitted annuity appears appellant apply appointed April argument authority bank bond bursars claim clause clerk contract conveyance Court of Session creditors death debts decision declared decree defender destination disposition DIXON.-26th June doubt Dumbarton duty EARL effect entitled executed executors expense favour foresaid fund given Glasgow granted ground heir of entail hereby heritable House husband infeftment intended interest interlocutor James Mc Pherson judgment July jurisdiction jury justices law of Scotland learned friend Lord Advocate Lord Cockburn Lord Justice Clerk Lord Ordinary Lordships Lybster machinery Macintosh marriage MC LEOD.-13th August Mc PHERSON.-13th August ment moveable noble and learned NORTH BRITISH RAILWAY objection obligation opinion paid parties payment present principle proceedings provision purchase purpose pursuer question railway reference Rennie rents respondent statute summons tailzie teinds testator thereof tion trustees vacant stipend warrant whole words
Popular passages
Page 10 - No will made out of this state is valid as a will in this state, unless executed according to the provisions of this chapter, except that a will made in a state or country in which the...
Page 103 - I should think that this might be considered as the criterion whether the disclosure ought to be made voluntarily, namely, whether there is anything that might not naturally be expected to take place between the parties who are concerned in the transaction, that is, whether there be a contract between the debtor and the creditor, to the effect that his position shall be different from that which the surety might naturally expect, and, if so, the surety is to see whether that is disclosed to him....
Page 68 - Parliament assembled, that the several interlocutors complained of In the said appeal be, and the same are hereby reversed...
Page 66 - And with this declaration it is further ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just, and consistent with this judgment and declaration.
Page 103 - Lordships were to adopt the principles laid down and contended for by the appellant's counsel here, that you would entirely knock up those transactions in Scotland of giving security upon a cash account; because no bankers would rest satisfied that they had a security for the advance they made, if, as it is contended, it is essentially necessary that everything should be disclosed by the creditor that is material for the surety to know.
Page 185 - ... in the office of the clerk of the peace for every county, riding, or division in England or Ireland, or...
Page 103 - If such was the rule, it would be indispensably necessary for the bankers to whom the security is to be given to state how the account has been kept ; whether the debtor was in the habit of overdrawing ; whether he was punctual in his dealings ; whether he performed his promises in an honorable manner ; for all these things are extremely material for the surety to know.
Page 279 - House ; and that the said interlocutors therein complained of be and the same are hereby affirmed : And it is further ordered, That the appellant do pay or cause to be paid to the said respondents the costs incurred in respect of the said appeal, the amount thereof to be certified by the clerk assistant...
Page 204 - through which the same is intended to pass, have been deposited with the clerk "of the peace of the county of Westmorland; be it enacted, that, subject to the " provisions in this and the said recited Acts contained, it shall be lawful for " the said company to make and maintain the said railway and works in the line " and upon the lands delineated on the said plans, and described in the said " books of reference, and to enter upon, take, and use such of the said lands " as shall be necessary for...
Page 222 - L. exempted from all burdens and deductions whatsoever, and that at two terms in the year, Whitsunday and Martinmas, by equal portions, beginning the first term's payment thereof at the first term of Whitsunday or Martinmas after the decease of the said CD, and so forth, half-yearly and termly thereafter, during the lifetime of the said AB, with L.