Reports of Cases Argued and Determined in the High Court of Chancery: In the Time of Lord Chancellor Eldon, 2권;30권

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W. Clarke and Sons, law booksellers, 1818
 

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297 페이지 - ... have sold. The Courts of Law however have now repeatedly laid down that they will sell the actual interest of the partner, professing to execute the equities between the parties, but forgetting that a Court of Equity ascertained previously what was to be sold. How could a Court of Law ascertain what was the interest to be sold and what the equities depending upon an account of all the concerns of the partners for years?
364 페이지 - ... employed in their strict proper technical sense, the Court, in decreeing such Settlement as he has directed, will depart from his words in order to execute his...
210 페이지 - I now lay down, that, if in either the expressed or implied Terms of an Agreement for a Partnership there is a Prohibition of the Act, and it is done without the Knowledge, Consent, Privity, or subsequent Approbation, of the other Partner, before the Bankruptcy, and to the Intent to apply Partnership Funds to private Purposes, that is prima faci-e a Fraud upon the Partnership.
202 페이지 - Court binds only the parties to the suit ; but he who purchases during the pendency of the suit is bound by the decree that may be made against the person from whom he derives title. The litigating parties are exempted from the necessity of taking any notice of a title so acquired. As to them, it is as if no such title existed...
120 페이지 - Bill doth not contain any Matter of Equity, whereon this Court can ground any Decree, or give...
142 페이지 - Master might as well reside elsewhere as the Usher : but both ought to be, where they will be ready to do the Duty, and can do it ; and it is impossible to say{ they can be as properly employed elsewhere, with reference to the Objects of this Foundation, as if they were resident in the Place, where that Duty is to be performed. This is a Royal Foundation under which the Master and Usher are Corporators. As long as they remain so, and the Visitor does not think proper to remove them, they must in...
152 페이지 - But why, it may be asked, should not the defendant be permitted to bring two points, on which the cause depends, to issue by his plea ' The answer K because, if two, he may as well bring three points to issue ; and so on, till all the matters in the bill are brought into issue upon the plea; which would be productive of all the delay and inconvenience, which pleading was intended to remedy.
28 페이지 - Another Class is the Correspondence between Friends, or Relations, upon their private Concerns ; and it is not necessary here to determine, how far such Letters, falling into the Hands of Executors, Assignees of Bankrupts, &c., could be made public in a Way, that must frequently be very injurious to the Feelings of Individuals. I do not mean to say, that would afford * Ground for a Court of Equity to interpose to prevent a Breach of that Sort of Confidence, independent of Contract and Property.
409 페이지 - Reign. By Command of his Royal Highness the Prince Regent, in the Name and on the Behalf of his Majesty.
342 페이지 - The Court is not to decree Performance, unless it " can collect upon a fair Interpretation of the Letters, " that they import a concluded Agreement; if it rests " reasonably doubtful, whether what passed was only " Treaty, let the Progress towards the Confines of Agree" ment be more or less, the Court ought rather to leave .' the Parties to Law than specifically to perform what is

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