A Treatise on the Law of Choses in Action: Together with an Appendix of Forms and Statutes |
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A Treatise on the Law of Choses in Action: Together With an Appendix of ... J James B 1854 Kehoe No preview available - 2021 |
Common terms and phrases
absconding debtor administrators and assigns Assam Tea assignee assignment of choses assignor bail bond Bank Bank of Montreal benefit bill of lading bills of exchange champerty Chancery Reports chapter chattel mortgage choses in action cited claim co-surety common law contract or settlement County Courts of Equity covenant coverture creditor debentures debt or chose defendant doctrine doth hereby enacted endorsement entitled equitable assignment execution executors Grant held holder husband and wife INDENTURE Insolvent Insurance judgment liable Lord maintenance marriage married woman matter ment mortgagor negotiable notice Ontario paid party hereto patent payable payment personal property plaintiff plea principle promissory note purchaser recovered reduction into possession replevin respect Revised Statute right of action rule separate property Sheriff Stat sued suit sum of dollars surety thereof tion tort transfer Tupper App valid vested wife's choses writ
Popular passages
Page 26 - Judicature the assignor (not purporting to be by way of charge only), of any ^: ^[jjl debt or other legal chose in action, of which express notice in >ect. 6. writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been, effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this act had not...
Page 95 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...
Page 106 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding, at law or in equity, in order to obtain from the principal debtor...
Page 155 - ... claiming under him, or of any other opposing or conflicting claims to such debt or chose in action...
Page 156 - ... cheque, bill of exchange, promissory note, bond, specialty, or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment, or of such recovery and levy in execution, as the case may be, from his liability on any such cheque, bill of exchange, promissory note, bond, specialty, or other security...
Page 165 - It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent, as her trustee, to cause to be insured, for her sole use, the life of her husband for any definite period, or for the term of -his natural life; and in case of her surviving...
Page 95 - ... was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom the holder claims.
Page 161 - Nothing herein contained shall prejudice or affect any right of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or indorsee by reason or in consequence of his being such consignee or indorsee, or of his receipt of the goods by reason or in consequence of such consignment or indorsement.
Page 93 - WHEREAS by the custom of merchants a bill of lading of goods being transferable by endorsement the property in the goods may thereby pass to the endorsee, but nevertheless all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is expedient that such rights should pass with the property...
Page 26 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee...