Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick: With Tables of the Names of Cases Decided and Names of the Cases Cited and a Digest of the Principal Matters, Том 28
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action affidavit agent agreed agreement alleged Allen allowed amount answer appear application attorney authority bail Baird bill brought BUILD Burpee called cause charge claim condition contempt contract conviction costs counsel County Court defendant defendant's delivered difference directed discharged effect entered entitled evidence fact filed Fraser freight further give given granted ground held hold intended interest issued John Judge judgment jury Justice King land lease letter liable loss March matter McDonald necessary negligence notice objection officer opinion owners paid Palmer party payment person plaintiff port possession present proceedings proof proved question reason received recognizance recover referred refused repaired respect rule SAINT says shares ship signed society statute sufficient suit taken tion trial Tuck Vaughan verdict vessel witness writ
Сторінка 28 - ... the place at which the service has terminated, or at which the seaman or apprentice has been discharged, or at which any person upon whom the claim is made is or resides...
Сторінка 114 - An agent may undoubtedly, within the scope of his authority, bind his principal by his agreement and in many cases by his acts. What the agent has said may be what constitutes the agreement of the principal, or the representations or statements made may be the foundation of, or the inducement to, the agreement ; therefore, if writing is not necessary by law, evidence must be admitted to prove the agent did make that statement or representation.
Сторінка 197 - ... a corporation of one state, not forbidden by the law of its being, may exercise within any other state the general powers conferred by its own charter, unless it is prohibited from so doing, either in the direct enactments of the latter state, or by its public policy, to be deduced from the general course of legislation, or from the settled adjudications of its highest court.
Сторінка 62 - ... in such a state as to entitle him to no more than a partial loss. If, in the event, the loss should become absolute, the underwriter is not the less liable upon his contract, because the insured has used his own exertions to preserve the thing assured, or has postponed his claim till that event of a total loss has become certain which was uncertain before.
Сторінка 114 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.
Сторінка 208 - From the authorities in our law, to which may be added the opinion of the late Lord Chief Justice Tindal in Ormerod v. Huth, 14 M. & W. 664, it would seem that there is no implied warranty of title on the sale of goods, and that if there be no fraud a vendor is not liable for a bad title, unless there is an express warranty, or an equivalent to it, by declarations or conduct ; and the question in each case, where there is no warranty in express terms, will be, whether there are such circumstances...
Сторінка 601 - ... per month for each share, a stock or fund for the purpose of enabling each member thereof to receive out of the funds of such Society the amount or value of his or her share or shares therein, to erect or purchase one or more...
Сторінка 318 - ... of any or either of them, shall be delivered to the plaintiff's attorney or agent, and the sheriff or other person responsible for the custody of debtors in such county gaol, shall, on such render so perfected, be duly charged with the custody of such defendant, and the said bail shall be thereupon wholly exonerated.
Сторінка 516 - Our law of libel has, in many respects only gradually developed itself into anything like a satisfactory and settled form. The full liberty of public writers to comment on the conduct and motives of public men has only in very recent times been recognized.
Сторінка 517 - But in matters that arise at a distance, and of which the court cannot have so perfect a knowledge, unless by the confession of the party or the testimony of others, if the judges upon affidavit see sufficient ground to suspect that a contempt has been committed, they either make a rule on the suspected party to show cause why an attachment should not issue against him, or in very flagrant instances of contempt the attachment issues in the first instance, as it also does if no sufficient cause be...