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action afterwards agent agreement amount annuity assignees attorney balance due bankers bankrupt bankruptcy bill of lading bills of exchange broker captain cargo carriage carrier charter-party claim client commission consignee consignor contract Coppin court court of equity creditor custom debt due debtor deeds defendant defendant's delivered delivery demand deposit East entitled equitable lien equity Ex parte Deeze execution factor freight give Greatham hands horse indorsement innkeeper James Wilkinson judgment jury lease London Lord Chancellor Lord Eldon Lord Ellenborough Lord Hardwicke Lord Kenyon Lord Mansfield Lord Raym Mackreth master Messrs Moore mortgage opinion owner paid particular parties payment personal estate plaintiff pledge Pollexfen possession principal purchase-money purchaser question received recover right to retain rule says sell ship sold solicitor Symmons Term Rep third person trade transitu trover usage vendee vendor verdict vessel WAIVER wharfinger Wilkinson
47 페이지 - is a right in one man to retain that which is in his possession belonging to another, till certain demands of him, the person in possession, are satisfied. That the defendants have a right to retain 490/., part of the sum insisted upon as due to the defendant, is admitted. That they have no right to retain 312/.
97 페이지 - any thing remain to be done on the part of the seller, as between him and the buyer, before the commodity purchased is to be delivered, a complete present right of property has not attached in the buyer; and of course this action, which is
172 페이지 - the specified demurrage was 147^. If the court should be of opinion that the plaintiffs were entitled to recover, the verdict was to stand, the plaintiffs undertaking to pay such part of the
153 페이지 - demanded of him by the plaintiffs before' this action was brought, but he refused to deliver it. The question for the opinion of the court is, whether, under the above circumstances, the plaintiffs are entitled to recover. If the court should be of opinion
79 페이지 - law. General liens are claimed in respect of a general balance of account; and. these are founded in custom only, and are therefore to be taken strictly. There is no authority to shew that such custom has ever been extended to debts generally; and the opinion of Lord Hardwicke, in
78 페이지 - satisfactorily argued by my two brothers who preceded me. There are two species of liens known to the law, namely particular liens and general liens. Particular liens are where persons claim a right to retain goods in respect of labour or money expended upon them; and those liens are favoured
120 페이지 - Lord Ellenborough, Ch. J. The question sent for our opinion is, Whether in point of law the plaintiff, the master, had any lien on the ship for money expended or debts incurred by him for repairs done to her on the voyage; and we
188 페이지 - for money lent and advanced to, and paid, laid out, and expended for the plaintiffs. The cause came on to be tried before Lord Ellenborough at Guildhall, at the first sittings in Easter term, 1817, when a verdict was found for the plaintiffs for