Cases Decided in the Court of Session: From November 1790 to July 1792J. Dickson, 1794 - 571 σελίδες |
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action adjudication affignees againſt anſwer Argument back bond bankrupt becauſe betwixt bill bond caſe caufe cautioner Charleſton circumftances claim claimant claufe clauſe confequence confidered conftitution contract Court creditors David McCulloch David Spalding debt debtor decifion decree deed defender difpofition difponee diligence diſcharge effect eftate eſtabliſhed eſtate executed executor expence expiry exprefs faid fale fame favour fecurity fervice fhall fhip fhould fituation fome ftated ftatute fubftitute fubject fuch fufficient fuftained fuppofe fupport glebe granted granter heir of entail heritable himſelf indorfer infeftment inftance infured intereft James judgement lands leafe liable liferent Lord Dreghorn Lord Efkgrove Lord Juftice Clerk Lord Ordinary Lord Prefident Lord Swinton Lordship muft muſt neceffary obferved obligation opinion payment perfon poffeffed poffeffion prefcription provifion purchaſer purfuer purpoſe queftion reafon refpect Sandieman and Graham Scotland Sir William Forbes Stewart taillie thefe theſe tion tranfaction truſtees uſe veffel vefted
Δημοφιλή αποσπάσματα
Σελίδα 254 - Ostend duties, rather than stop the trade, by exacting a tax which amounts to a prohibition. But, at any rate, this was no fraud in this country. One nation does not take notice of the revenue laws of another...
Σελίδα 265 - The policy would equally be void, against the underwriter, if he concealed; as if he insured a ship on her voyage, which he privately knew to be arrived : and an action would lie to recover the premium.
Σελίδα 266 - ... there will be no deviation. Men argue differently, from natural phenomena, and political appearances : they have different capacities, different degrees of knowledge, and different intelligence. But the means of information and judging are open to both : each professes to act from his own skill and sagacity ; and, therefore, neither needs to communicate to the other. The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith.
Σελίδα 424 - If money or goods be delivered to a common carrier, to convey from Oxford to London, he is under a contract in law to pay, or carry, them to the person appointed.
Σελίδα 265 - The insured need not mention what the underwriter ought to know, •what he takes upon himself the knowledge of, or what he waives being informed of.
Σελίδα 257 - They argued that here there had been no inception of the voyage insured, and therefore the case was very different from those cited by the counsel for the plaintiff. Lord Mansfield. — The policy, on the face of it, is from Maryland to Cadiz, and therefore purports to be a direct voyage to Cadiz. All contracts of insurance must be founded in truth, and the policies framed accordingly. When the insured intends a deviation from the direct voyage, it is always provided for, and the indemnification...
Σελίδα 265 - ... is a fraud, and therefore the policy is void. Although the suppression should happen through mistake, without any fraudulent intention; yet still the underwriter is deceived, and the policy is void; because the risque run is really different from the risque understood and intended to be run, at the time of the agreement.
Σελίδα 481 - A British man settles as a merchant abroad ; he enjoys the privileges of the place ; he may mean to return when he has made his fortune ; but if he dies in the interval, will it be maintained that he had his domicile at home ? In this case Major Bruce left Scotland in his early years.
Σελίδα 481 - The second reason assigned by the interlocutor was, that the property of the deceased, which was the subject of distribution, was, at the time of his death, in India or in England. As to this, he founded so little...
Σελίδα 265 - He is bound to know every cause which may occasion political perils, from the rupture of states, from war, and the various operations of war. He is bound to know the probability of safety, from the continuance and return of peace ; from the imbecility of the enemy, through the weakness of their councils or their want of strength.