 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Cresswell Cresswell - 1826 - 1076 Seiten
...inasmuch as the effect of them was. to contradict or to control the written instrument. BAYLEY J. I think that there ought to be a new trial in this case....in a better situation than the other creditors, he thereby commits a fraud upon them, and that such private bargain is void. That is established by several... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1829 - 616 Seiten
...repository of facts, as those who have attended at such meetings will readily perceive. BURROUGH J. I think that there ought to be a new trial in this case, for the reasons which have been stated. But I am further of opinion that the bishop's register ought... | |
 | Great Britain. Court of Exchequer, Edward Younge, Sir John Jervis - 1830 - 614 Seiten
...a situation in which his own act shews he thought it unreasonable that they should be placed ; and there can be no doubt, that if a creditor, who signs...in a better situation than the other creditors, he thereby commits a fraud upon them, and that such private bargain is void. Sadler v. Jackson (a), Lewis... | |
 | Great Britain. Court of King's Bench, James Manning, Archer Ryland - 1832 - 676 Seiten
...am of opinion that justice cannot be done without a new trial being had. LITTLEDALE, J. — I also think that there ought to be a new trial in this case, for the purpose of trying the question, whether the plaintiff was committed by the defendant really... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir John Jervis - 1833 - 728 Seiten
...gone to the Jury with that direction ; and in such a case the Court may interpose. BAYLEY, B. — I think that there ought to be a new trial in this case, not on the ground of the rejection of the passof Pleax, book, which appears to me to be irrelevant... | |
 | William Forsyth - 1841 - 264 Seiten
...SECURITY. general rule of law on this subject is thus stated in Lewis v. Jones, (a) by Bay ley, J., " There can be no doubt, "that if a creditor who signs...a better situation than the other " creditors, he thereby commits a fraud upon them, " and that such a bargain is void. That is established " by several... | |
 | 1855 - 736 Seiten
...of the wrongful act. Cur. adv. vult. The judgment of the court was delivered by ALDEKSON, B. — We think that there ought to be a new trial in this case ; but in so doing, we deem it to be expedient and necessary to state explicitly the rule which the... | |
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ALDERSON, B. We think that there ought to be a new trial in this case; but, in so doing, we deem it to be expedient and necessary to state explicitly the rule which the Judge, at the next trial, ought, in our opinion, to direct the jury to be governed... 
