Reports of Cases Decided in the High Court of Chancery: With Notes and References to Both English and American Decisions, 34권
Gould, Banks & Company, law booksellers, 1853
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according aforesaid agreed alleged allowed amount annuity answer appears applied appointed assignees become benefit bill called cause charged Church claim Company consequently contained costs Court dated daughter death debts decease decree deed defendants devised died directed Edward effect entitled evidence execution executors expressed fact father filed funds further give given ground heirs held husband infant intended interest issue James John Lady land legacies limitations living Lord manner marriage Master meaning mentioned object opinion paid parties partnership payment personal estate plaintiff possession present proper provision purchase question real estates received referred relating remainder rents representative residue respect rule says settled settlement shares sons suit survivor taken Taylor term testator's therein thereof Thomas tion trust vested VICE-CHANCELLOR Weld whole wife
23 페이지 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument, at a certain time...
23 페이지 - ... interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law.
627 페이지 - ... where any doubt arises upon the true sense and meaning of the words themselves, or any difficulty as to their application under the surrounding circumstances, the sense and meaning of the language may be investigated and ascertained by evidence dehors the instrument itself ; for both reason and common sense agree that by no other means can the language of the instrument he made to speak the real mind of the party.
166 페이지 - ... or the survivor of them, or the executors or administrators of the survivor; and the money recovered therein shall be deposited in the town treasury, to be applied and disposed of as provided in the twelfth section.
627 페이지 - The general rule I take to be, that where the words of any written instrument are free from ambiguity in themselves, and where external circumstances do not create any doubt or difficulty as to the proper application of those words to claimants under the instrument, or the...
262 페이지 - I do direct that the receipt and receipts of my said trustees, and the survivor of them, and the heirs and assigns of such survivor...
248 페이지 - Provided always and it is the true intent and meaning of these presents and of the said...
524 페이지 - ... creditors within the meaning of this act ; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts, shall and may be exercised by courts of equity with respect to matters therein depending, and by the Lord Chancellor and the Court of Review in matters of bankruptcy, and by the Lord Chancellor in matters of lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies,...
622 페이지 - ... no extrinsic evidence of the intention of the party to the deed, from his declarations, whether at the time of his executing the instrument, or before or after that time, is admissible ; the duty of the court being to declare the meaning of what is written in the instrument, not of what was intended to have been written.
147 페이지 - Redesdale twice asserts the proposition, " that where two or more persons claim the same thing, by different or separate interests, and another person not knowing to which of the claimants he ought of right to render a debt or duty, or to deliver property in his custody, fears he may be hurt by some of them, he may exhibit a bill of interpleader against them