The Territories Law Reports Volume 6

The Territories Law Reports Volume 6

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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. 1910 edition. Excerpt: ...plaintiff states that she had only given them to him to wear, but not to keep. While I do not question the correctness of the plaintit't"s opinion, that the deceased would have given them back to her if she had asked at any time, yet in view of the relations existing between the parties, and the character of the articles, it seems to me very reasonable to think that at the time they were given to the deceased they were intended for his permanent use in the same way as anything of-'-the same sort given by a wife to her husband would have been. In other words, the uncorroborated evidence as to these articles does not convince me so as to bring the case within the rule of Rawlinson V. Scholes, above cited, and I must decide in the defendant's favour. As to all the other articles of jewellery, I feel no doubt and find in favour of the plaintifi. With regard to the certificate of ownership the plaintiff must then rely on her ability to establish a resulting trust by reason of the purchase money having been paid by her. That it was so paid the evidence establishes to my satisfaction, but it also satisfies me beyond any doubt that in taking the property in the name of the deceased the intention of the plaintiit, concurred in by the deceased, was that she might be safe to use it for illegal and immoral purposes, namely, for Purposes of prostitution, and that it was for many years so used. It scarcely seems necessary to cite authorities in support of the view that the Courts will give no assistance ill the carrying out of illegal and immoral transactions. The principle as applying to contracts was fully illustrated in the case of Perkins v. J ones, ' in which it was held that money Paid under a contract for the erection of a house...show more

Product details

  • Paperback | 156 pages
  • 189 x 246 x 8mm | 290g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236960971
  • 9781236960979