A Treatise on the Effect of the Contract of Sale: On the Legal Rights of Property and Possession in Goods, Wares, and MerchandizeW. Benning, 1845 - 352 σελίδες |
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Σελίδα v
... insolvent or has become bank- rupt , and must be exercised as of right paramount to that of the purchaser , and independently of his assent • 241-269 CHAP . IV . The unpaid vendor's right to stop in transitu ' may be defeated before the ...
... insolvent or has become bank- rupt , and must be exercised as of right paramount to that of the purchaser , and independently of his assent • 241-269 CHAP . IV . The unpaid vendor's right to stop in transitu ' may be defeated before the ...
Σελίδα 1
... insolvency , a creditor who has a legal or equitable right to a thing has the full benefit of it , whilst one whose claim is only against the person of the debtor , can obtain no more than a proportion of the insolvent estate along with ...
... insolvency , a creditor who has a legal or equitable right to a thing has the full benefit of it , whilst one whose claim is only against the person of the debtor , can obtain no more than a proportion of the insolvent estate along with ...
Σελίδα 92
... himself to be a debtor of the agent , and under that belief gives the agent credit , or does not press for the payment of his former credits , and the agent becomes insolvent , it is 92 THE SEVENTEENTH SECTION OF THE STATUTE , [ PART I.
... himself to be a debtor of the agent , and under that belief gives the agent credit , or does not press for the payment of his former credits , and the agent becomes insolvent , it is 92 THE SEVENTEENTH SECTION OF THE STATUTE , [ PART I.
Σελίδα 93
... insolvent , it is clearly just that the principal should make the third person the same allowances and deductions which the prin- cipal authorized him to believe he would have from the agent , with whom he supposed himself to be dealing ...
... insolvent , it is clearly just that the principal should make the third person the same allowances and deductions which the prin- cipal authorized him to believe he would have from the agent , with whom he supposed himself to be dealing ...
Σελίδα 133
... insolvent , may stop them in transitu . On " this part of the case , therefore , the Court has never " entertained any doubt . " doubt . " It is to be observed that Lord Alvanley joins two propositions together ( both perfectly ...
... insolvent , may stop them in transitu . On " this part of the case , therefore , the Court has never " entertained any doubt . " doubt . " It is to be observed that Lord Alvanley joins two propositions together ( both perfectly ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
17th section acceptance action actual receipt agent agreed agreement assent assignment authority bailee bankrupt bargain and sale bill of lading bind Bing bought note bound broker broker's book buyer Camp carrier chaser common law Common Pleas conditions of sale considered consignee contract note contract of sale decision defendant defendant's delivered delivery order doubt East emblements English law evidence Exchequer expressed facts Hodgson indorsement insolvency intention judgment jury King's Bench decided law merchant Lickbarrow lien Lord Ellenborough Lord Tenterden Nisi Prius nonsuit note or memorandum opinion owner paid parol parties payment person plaintiff principal proved purchaser purchaser's question remained resale right of possession right of property right to stop rule seems sell seller shew ship signature signed sold note Statute of Frauds stop in transitu stoppage in transitu Taunt thing sold transfer the property trover vendee vendor's rights whilst words
Δημοφιλή αποσπάσματα
Σελίδα 162 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Σελίδα 315 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Σελίδα 6 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same or give something in earnest to bind the bargain, or in part...
Σελίδα 333 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vest at once in him : but his right of possession is not absolute ; it is liable to be defeated if he becomes insolvent before he obtains possession.
Σελίδα 151 - When, by the agreement, the vendor is to do anything to the goods for the purpose of putting them into that state in which the purchaser is bound to accept them, or, as it is sometimes worded, into a deliverable state, the performance of those things shall, in the absence of circumstances indicating a contrary intention, be taken to be a condition precedent to the vesting of the property.
Σελίδα 149 - Generally speaking, where a bargain is made for the purchase of goods, and nothing is said about payment or delivery, the property passes immediately, so as to cast upon the purchaser all future risk, if nothing remains to be done to the goods, although he cannot take them away without paying the price.
Σελίδα 5 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Σελίδα 334 - Why ? Because the property is vested in the buyer, so as to subject him to the risk of any accident ; but he has not an indefeasible [ie, irrevocable] right to the possession, and his insolvency, without payment of the price, defeats that right.
Σελίδα 9 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Σελίδα 57 - ... it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this, whether the agreement be or be not required to be in writing by the statute of frauds; and this evidence in no way contradicts the written agreement.