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" ... it has been found productive of great expense to send the parties to the other side of the hall, wherever this court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then... "
Term Reports in the Court of King's Bench - Página 341
por Great Britain. Court of King's Bench, Charles Durnford - 1817
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volumen1

United States. Supreme Court, William Cranch - 1804 - 514 páginas
...have « feen that the juilice of the cafe has been clearly with the pi:iinriff, " they have not turned him round upon this objection. Then if this " court will take notice of a truft, why fhould they not of an equity. " It is certainly true that n choft in action cannot ftriftly...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volumen1

United States. Supreme Court, William Cranch - 1812 - 486 páginas
...court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then if this court...they not of an equity. It is certainly true that a chote in action cannot strictly be assigned, but this court will take notice of a trust, and see who...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840]., Volumen1

Great Britain. Court of Common Pleas - 1835 - 816 páginas
...court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then, if this court...assigned: but this court will take notice of a trust, and consider who is beneficially interested." [Lord Chief Justice Tindal. — These cases shew certainly,...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volumen1

John William Smith - 1841 - 744 páginas
...court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then if this court...quaint maxim there may still be some cases in which an action cannot be maintained by an assignee of a chose in action in his own name, it remains to be considered,...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volumen28

1842 - 536 páginas
...assignee to sue in the name of an assignor. " It is certainly true," 1 said Mr. Justice Ashurst, " that a chose in action cannot strictly be assigned : but this court will take notice of a trust, and consider who is beneficially interested, as in Bottomley v. Brooke, where the Court suffered the defendant...
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Leading Cases in the Commercial Law of England and Scotland: Bills of ...

George Ross - 1853 - 932 páginas
...Court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then if this Court will take notice of a trust, why should they MA«TKR not of an equity \ It is certainly true that a chose in action cannot strictly be assigned...
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The Law of Contracts, Volumen1

Theophilus Parsons - 1857 - 936 páginas
...court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then if this court...that a chose in action cannot strictly be assigned ; hut this court will take notice of a trust, and consider who is beneficially interested." Askurst,...
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The Law of Contracts, Volumen1

Theophilus Parsons - 1866 - 818 páginas
...court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then if this court...; but this court will take notice of a trust, and consider who is beneficially interested." Ashhurst, J., Winch v. Keelev, 1 T. R. 619 ; Dix v. Cobb,...
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A Treatise on the Law of Set-off, Recoupment, and Counter Claim

Thomas Whitney Waterman - 1869 - 800 páginas
...court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then, if this court...assigned, but this court will take notice of a trust, and consider who is beneficially interested." But in Burrough v. Moss, (a) the court maintained that the...
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The Principles of Economical Philosophy, Volumen1

Henry Dunning Macleod - 1872 - 712 páginas
...seen the justice of the case has been clearly with the Plaintiff", they have not turned him round on this objection. Then if this Court will take notice of a Trust, why not of an Equity?" In another we'll known commercial case Buxr.ER, J"., said * — "It is laid down...
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