Benjamin's Treatise on the Law of Sale of Personal Property; With References to the American Decisions and to the French Code and Civil Law

Benjamin's Treatise on the Law of Sale of Personal Property; With References to the American Decisions and to the French Code and Civil Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...of the king's revenue, did for a certaine summe of money bargain and sell the same to sir A. I., and agreed to surrender the said office to the king, to the entent a grant might be made to sir A., who surrendered it accordingly: and thereupon sir A. was, by the king's appointment, admitted and sworn coferer. And it was resolved by sir Thomas EgeHon, lord chancellour, the chiefe justice, and others to whom the king referred the same, that the said office was void by the said statute (p), and that sir A. was disabled to have or to take the said office." It was also held, in the case of Godolphin v. Tudor (q), in the Queen's Bench and affirmed in the House of Lords (r), that where the salary of an office within the statute 5 & 6 Edw. VI. was certain, a deputation by the principal, reserving to himself a certain lesser sum (m) 49 Geo. III. o. 126, s. 9. (o) Coferer, or treasurer, from "coffer." (mm) lb. i. 10. (p) 5 & 0 Edw. VI. c. 16. (n) lb. s. 11. (?) 2 Salk. 467, and 6 Mod. 234; also (nn) Co. Lit. 234 a. See, also, Hoggins v. Willes, p. 576, n. Bambridge, Willea, 241. (r) 1 Bro. P. C. 135. out of the salary, is good. And even where the profits arising from fees are uncertain, a deputation by the principal, with a reservation of a certain sum out of the profits, is good, for the deputy will not be obliged to pay anything beyond the amount of the profits received. But if the reservation is to pay absolutely a certain sum, without reference to the profits, the agreement is void (y). And the case was not affected by the fact that it appeared on the record that the payment was to be 200/. a year, and that the profits of the office had amounted to 329/. 10s. a year. See the comments of Lord Loughborough in Garforth v....show more

Product details

  • Paperback | 524 pages
  • 189 x 246 x 27mm | 925g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236864778
  • 9781236864772