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New Cases in the Court of Common Pleas, and Other Courts Volume 6; With Tables of the Cases and Principal Matters download pdf

New Cases in the Court of Common Pleas, and Other Courts Volume 6; With Tables of the Cases and Principal Matters download pdf

New Cases in the Court of Common Pleas, and Other Courts Volume 6; With Tables of the Cases and Principal Matters.cGreat Britain Court of Pleas
New Cases in the Court of Common Pleas, and Other Courts Volume 6; With Tables of the Cases and Principal Matters
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Author: Great Britain Court of Pleas
Page Count: 172 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: Englishhttps://d3by36x8sj6cra.cloudfront.net/assets/images/book/large/9781/1304/9781130410983.jpg
Type: Pdf
ISBN: 9781130817737
File Name: New.Cases.in.the.Court.of.Common.Pleas,.and.Other.Courts.Volume.6;.With.Tables.of.the.Cases.and.Principal.Matters.pdf
Download Link: New Cases in the Court of Common Pleas, and Other Courts Volume 6; With Tables of the Cases and Principal Matters
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 Excerpt: ...and I think the Defendant cannot object to the award on that ground. With respect to the gross sum being given for the annuity, it appears to me that the arbitrator had the power on this submission to award the value of the annuity. The declaration states a contract to grant an annuity to be secured in a particular way at a certain time. When the contract is broken, it is competent to the parties to agree that the arbitrator shall put the grantee in the situation that he would have been in, if the Defendant had given the security which he contracted to give. I think it is abundantly clear, under this rule of reference, that the arbitrator had the power to award what he should think fit and proper; and it would be a salutary provision that he should have that power, in order to put an end to future litigation. Then, with respect to the bankruptcy, it is suggested that it is a revocation: it appears to me that the argu 1840. Taylor v. ShuttleWorth. 1840. Taylor v. ShuttleWorth. ments are entirely against its being a revocation. I don't see how the circumstance of a party becoming a bankrupt after he has entered into a contract, should put an end to and disturb the pecuniary interests which the other persons had in the contract. It is not, at all events, a ground for setting aside the award; for the Defendant may contest the matter in another way if the objection be well founded. I think on none of these grounds the application ought to prevail. Rule discharged with costs. January 31. An arbitrator, to whom a cause had been referred, found all the issues, one of which was an issue on a set-off, in favour of the Plaintiff, and assessed ge-neral damages on such find-ing; he ordered a cer-tain sum and costs to be paid on a Sunday, and before De-fendant could have...

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