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action agent agreement alleged allowed amount appears application argument Assignee Attorney authority bank bill Board carried cause certificate CHIEF JUSTICE circumstances claim Clare clear clearly colony conditional consideration contended contract costs council course Court Crown Crown Lands dealing debt decided decision deed defendant delivered determined directed effect entered entitled evidence executed express fact further give given Government granted ground held hold Honour Innes intention interest issue Judge judgment jury land lease Lord matter meaning Minister mortgage necessary notice object obtained opinion paid parties passed payment person plaintiff possession present proceedings provisions purchase question reason received referred rent respect respondent rule shares shew ship Smith statute Stephen suit taken trial verdict Windeyer
85 페이지 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
30 페이지 - Where insane delusion has once been shown to have existed, it may be difficult to say whether the mental disorder may not possibly have extended beyond the particular form or instance in which it has manifested itself. It may be equally difficult to say how far the delusion may not have influenced the testator in the particular disposal of his property. And the presumption against a will made under such circumstances becomes additionally strong...
487 페이지 - We are unanimously of opinion that the book in question is calculated to deprave public morals, but at the same time we entirely exonerate the defendants from any corrupt motives in publishing it.
490 페이지 - American courts adopted the test of obscenity contrived in 1868 by LJ Cockburn, in Queen v. Hicklin, LR 3 QB 360: "I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort might fall.
498 페이지 - Obscene ; .offensive to chastity and delicacy ; impure ; expressing or presenting to the mind or view something which delicacy, purity, and decency forbid to be exposed, as obscene language and obscene pictures.
321 페이지 - A case of constructive possession is where the carrier enters, expressly or by implication, into a new agreement distinct from the original contract for carriage, to hold the goods for the consignee as his agent ; not for the purpose of expediting them to the place of original destination pursuant to that contract, but in a new character, for the purpose of custody on his account, and subject to some new or further order to be given to him.
512 페이지 - ... control thereof to the mother : Provided always that no Court shall enforce any such agreement if the Court shall be of opinion that it will not be for the benefit of the infant or infants to give effect thereto.
320 페이지 - ... in the custody of some third person, intermediate between the seller who has parted with, and the buyer who has not yet acquired, actual possession.
248 페이지 - And if such be found in our land at the beginning of the war, they shall be...
xiv 페이지 - PI think there cannot be any reasonable doubt entertained that this is a contract which not merely engages the shipowner to deliver the goods in the condition mentioned, but that it also contains in it a representation, and an engagement — a contract — by the shipowner that the ship on whioh the wheat is placed is at the time of its departure reasonably fit for accomplishing the service which the shipowner engages to perform.