The Law Magazine, Or, Quarterly Review of JurisprudenceSaunders and Benning, 1839 |
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ผลการค้นหา 1 - 5 จาก 75
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... CONTRACTS OPERATING IN RESTRAINT OF TRADE . • 306 ART . IV . - RIGHTS AND LIABILITIES OF RETIRING AND CON- TINUING PARTNERS ART . V. - State Trials . Specimen of a New Edition . By Nicholas Thirning Moile , Esq . of the Inner Temple ...
... CONTRACTS OPERATING IN RESTRAINT OF TRADE . • 306 ART . IV . - RIGHTS AND LIABILITIES OF RETIRING AND CON- TINUING PARTNERS ART . V. - State Trials . Specimen of a New Edition . By Nicholas Thirning Moile , Esq . of the Inner Temple ...
หน้า 23
... contract a habit ( however enviable the power ) of speaking on all occasions so very plainly and briefly to the point , for it is often necessary to digress or amplify , and we cannot always calculate on that thorough familiarity with ...
... contract a habit ( however enviable the power ) of speaking on all occasions so very plainly and briefly to the point , for it is often necessary to digress or amplify , and we cannot always calculate on that thorough familiarity with ...
หน้า 87
... contract itself , and such as affect the obligation resulting from the contract by reason of the non - fulfilment of some condition precedent or concurrent , or the abandonment of the adventure insured . FIRST , exceptions to the ...
... contract itself , and such as affect the obligation resulting from the contract by reason of the non - fulfilment of some condition precedent or concurrent , or the abandonment of the adventure insured . FIRST , exceptions to the ...
หน้า 88
... contract , and in the contract of insur- ance , above all others , the most scrupulous good faith is ex- acted . A mis - statement or suppression in a point material to the calculation of risk primâ facie indicates a fraudulent pur ...
... contract , and in the contract of insur- ance , above all others , the most scrupulous good faith is ex- acted . A mis - statement or suppression in a point material to the calculation of risk primâ facie indicates a fraudulent pur ...
หน้า 89
... contract , but not embodied in the contract as part of its terms : and this distinc- tion is important ; for whereas a warranty or condition must be strictly and literally fulfilled , it is sufficient that a repre- sentation be ...
... contract , but not embodied in the contract as part of its terms : and this distinc- tion is important ; for whereas a warranty or condition must be strictly and literally fulfilled , it is sufficient that a repre- sentation be ...
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action ad valorem affidavit amount appear appointed assignees assumpsit attorney bail bankrupt bankruptcy barrister bill Bing bond cause Chancellor charged clause commissioners common consideration constables contract costs Court Court of Chancery Court of Equity creditors debts declared deed defendant discharge effect entitled equity evidence executor fact ground Held House of Lords Interpleader issue judge judgment jurisdiction jury justice land letters London Lord Brougham Lord Chancellor Lord Eldon Lord Ellenborough mandamus marriage matter ment Mont mortgage never notice object paid parish partner partnership party payment person petition plaintiff plea pleaded postage Practice present principle proceedings purchase question respect rule Scott Serjeant Talfourd ship solicitor Southwold stamp statute sufficient suit testator tion town trade trial trustees underwriter valorem duty vessel Vict voyage wife writ
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หน้า 375 - If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her.
หน้า 9 - He it is, in short, who, first of all institutional writers, has taught jurisprudence to speak the language of the scholar and the gentleman; put a polish upon that rugged science; cleansed her from the dust and cobwebs of the office; and, if he has not enriched her with that precision...
หน้า 410 - ... hospital for the maintenance and education of exposed and deserted young children...
หน้า 316 - The goodwill of a trade is a subject of value and price. It may be sold, bequeathed, or become assets in the hands of the personal representative of a trader. And if the restriction as to time is to be held to be illegal, if extended beyond the period of the party by himself carrying on the trade, the value of such goodwill, considered in those various points of view, is altogether destroyed.
หน้า 314 - ... whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable. Whatever is injurious to the interests of the public, is void on the ground of public policy.
หน้า 346 - He protested loudly in private, with feverish alarm, as leading directly to confusion. Its interference with vested rights shocked his sense of equity even more than the sweeping clauses of the Reform Act. To set at nought ancient charters as so many bits of decayed parchment, and destroy the archives of town-halls, seemed in the eyes of the old Magistrate, for so many years the guardian of corporate rights, a crowning iniquity.
หน้า 311 - ... placed himself, we feel ourselves bound to differ from that doctrine. A duty would thereby be imposed upon the Court in every particular case which it has no means whatever to execute. It is impossible for the Court, looking at the record, to say whether, in any particular case, the party restrained has made an improvident bargain or not. The receiving instruction in a particular trade might be of much greater value to a man in one condition of life than in another, and the same may be observed...
หน้า 20 - O'er bog or steep, through strait, rough, dense, or rare, With head, hands, wings, or feet, pursues his way, And swims, or sinks, or wades, or creeps, or flics.
หน้า 311 - If by that expression it is intended only that there must be a good and valuable consideration, such consideration as is essential to support any contract not under seal, we concur in that opinion. If there is no consideration, or a consideration of no real value, the contract in restraint of trade, which in itself is never favoured in law, must either be a fraud upon the rights of the party restrained, or a mere voluntary contract, a nudum pactum, and therefore void. But if by adequacy of consideration...
หน้า 128 - Security for the Repayment of Money to be thereafter lent, advanced, or paid, or which may become due upon an Account Current, together with any Sum already advanced or due, or without, as the Case may be, other than and except any Sum or Sums of Money to be advanced for the Insurance of any Property comprised in such Mortgage...