The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Količina 3Butterworth & Company (Australia) Limited |
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A'Beckett Adolphe affidavit agent agreement alleged allowed amount appeal application assignment Attorneys Ballarat bank Bank of Victoria Bendix Hallenstein bill of sale breach certificate CHIEF JUSTICE claim contended contract costs County Court Court of Equity Court of Mines creditors Crown damages debt decision declaration deed defendant defendant's demurrer direct entitled equity evidence execution fact Fellows fendant given Graham granted ground held Higinbotham Holroyd HONOUR insolvent James Webb judge judgment JULY JULY 13 jurisdiction jury Justice Barry Justice Molesworth Knarston lease Levey liable licence mandamus matter Melbourne ment Messrs mortgage nonsuit notice objection obtained opinion paid parties partner partnership payment person petition petitioner plaintiff plea possession proved purchaser question referred refused registered respondent Rule nisi Sandhurst sequestration shares showed cause Smith sold Solicitors Statute suit summons tion trial trustees verdict Webb Williams writ
Priljubljeni odlomki
Stran 49 - In all these cases it may be said, as it was said here, that the master has not authorized the act. It is true, he has not authorized the particular act, but he has put the agent in his place to do that class of acts, and he must be answerable for the manner in which the agent has conducted himself in doing the business which it was the act of his master to place him in.
Stran 126 - In every case of a judicial separation the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding; and her husband shall not be liable in respect of any engagement or contract she may have entered into, or for any wrongful Act or omission by her...
Stran 35 - Act, and shall be of the same Force as if they were enacted in the Body of this Act.
Stran 49 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Stran 177 - ... as respects amount, fixed or unliquidated; as respects time, present or future, certain or dependent on any one contingency or on two or more contingencies; as to mode of valuation capable of being ascertained by fixed rules, or as matter of opinion.
Stran 125 - A husband shall not by reason of any marriage which shall take place after this Act has come into operation, be liable for the debts of his wife contracted before marriage...
Stran 49 - But with respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.
Stran 49 - That principle is acted upon every day in running down cases. It has been applied also to direct trespass to goods, as in the case of holding the owners of ships liable for the act of masters abroad, improperly selling the cargo.
Stran 50 - On this a new trial was moved for, on the ground of misdirection, and that this verdict was not supported by the weight of evidence iu the cause.
Stran 88 - Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of an offence.