The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 95

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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. 1907 edition. Excerpt: its probable duration. (His Lordship here stated the V1cE-CnANo1: LLon's order set out, ante, pp. 416--4l7.) From that order the plaintiff appealed to me, and I heard the appeal argued at considerable length shortly before the Long Vacation. Vice-Chancellor Woon, who gave to the consideration of this case the greatest attention, came to the conclusion, that it could not have been intended to give anything on account of profits to an advanced member redeeming his mortgage; and he points out what extraordinary, and even absurd, results must, or may, follow from adopting the plaintiff 's construction of the rules. At the time of the argument I was strongly inclined to take the same view of the case as had been taken below; but I have, since that time, had frequent opportunities of considering the subject, and I have, after much reflection, come to the conclusion that, whatever doubt I may entertain as to whether the framers of the fourteenth rule (1) fully understood its operation, still the rule itself is unambiguous: it states expressly, that the member redeeming is to be entitled to deduct from the sum secured by the mortgage the same proportion of profits as is allowed to a withdrawing member. Taking my duty to be merely that of construing this rule, it appears to me that the rule itself admits of no doubt; and I may add further, that to hold an advanced member in this Society not entitled to this deduction might work injustice. Who can say how far the existence of this rule may have influenced an advanced member in the amount he agreed to give as a consideration for the advance'? It is plain that amember might, without imprudence, give a much larger discount for his 100l., when he knew he had this rule to fall back...
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Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • United States
  • English
  • black & white illustrations
  • 1236807294
  • 9781236807298