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" But this is the case of a banking account, where all the sums paid in form one blended fund, the parts of which have no longer any distinct existence. Neither banker nor customer ever thinks of saying, this draft is to be placed to the account of the... "
Wood's Collyer on the Law of Partnership: With an Appendix of Forms - Seite 899
von John Collyer - 1878
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 Seiten
...distinct insulated debts, between which a plain line of separation could be drawn. But this is tin- case of a banking account, where all the sums paid...of the 5001. paid in on Tuesday. There is a fund of 1000/. to draw upon, and that is enough. In such a case there is no room for any other appropriation...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1880 - 1042 Seiten
...v. Deffell. The character of a banking account, where, to use the words of Sir W. Grant himself, " all the sums paid in form one blended fund, the parts of which have no longer any distinct existence," was the key-note of his decision, and would have been scarcely necessary to be dwelt upon so prominently...
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The Law Journal Reports, Band 66

1897 - 518 Seiten
...insulated debts, between which a plain line of separation could be drawn. But this is the «•use of a banking account, where all the sums paid in form one blended fund, the parts of whicli have no longer any distinct existence. Neither banker nor customer ever thinks of saying, this...
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Decisions of the Court of Session: From November 1825 to [20th July 1841] ...

Scotland. Court of Session - 1839 - 1332 Seiten
...In a ' banking account,' to use the words of Sir William Grant, in deciding the case of Devaynes, ' where all the sums paid in form one ' blended fund, the parts of which have no longer any distinct exis' tence, there is no room for any other appropriation than that which ' arises from the order in...
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 Seiten
...In Clayton's case, which is the foundation of all the modern decisions on this subject, he says — "This is the case of a banking account, where all...parts of which have no longer any distinct existence. There is no room for any other appropriation, than that which arises from the order in which the receipts...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Teil 20

Great Britain. Court of King's Bench, Henry Davison, Herman Merivale - 1844 - 854 Seiten
...account, and that an ordinary banking account, in which, according to the language of Sir /('. Grant, " all the sums paid in form one blended fund, the parts of which have no longer any separate existence," and that " it is the first item of the debit side of the account that is discharged...
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The Law Review and Quarterly Journal of British and Foreign ..., Band 2

1845 - 532 Seiten
...antiquiorem." 1 In the same case, then before him, his Honour decided, that, in a banking account, all the sums paid in form one blended fund, the parts of which have no longer any distinct existence ; and that, presumably, it is the first sum paid in that is first drawn out, the first item on the...
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The Law Review and Quarterly Journal of British and Foreign ..., Band 2

1845 - 542 Seiten
...antiquiorem." 1 In the same case, then before him, his Honour decided, that, in a banking account, all the sums paid in form one blended fund, the parts of which have no longer any distinct existence; and that, presumably, it is the first sum paid in that is first drawn out, the first item on the debit-side...
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Commentaries on the Law of Suretyship, and the Rights and Obligations of the ...

William Burge - 1847 - 626 Seiten
...between which a plain line of separation could be drawn, he lays down the rule where the case is that of a banking account, where all the sums paid in form...saying, this draft is to be placed to the account of (g) Goddard v. Cox, 2 Str. 1194. Wilkinson t>. Sterne, 9 Mod. 427. Newmarsh v. Clay, 14 East, 239....
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A Treatise on the Law of Obligations and Contracts, Bücher 10

Patrick Shaw - 1847 - 358 Seiten
...deciding between these conflicting rules, he held that this case was distinguishable from both, — as a banking account, where all the sums paid in form...one blended fund, the parts of which have no longer cover^1) But, 4. This is to be received under the equitable limitation, that the debtor shall not,...
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