DIGEST OF ENGLISH CASES REPORTED IN THE IRISH LAW TIMES AND SOLICITORS' JOURNAL, VOL. XXXVIII. Carrier-Loss of goods; exemption of insurable losses; liability for loss caused by negligence of carriers' servants. Price & Co. v. Union Lighterage Co. Charity" Charitable use"; advowson; gift to Church Patronage Trust; object of Trust to present fit persons to livings; application for leave to retain property; Mortmain and Charitable Uses Act, 1891 (54 & 55 Vict., c. 73), ss. 5, 6, 8. In re The Church Patronage Trust. Laurie v. The Attorney-General Company ... PAGE 233 335 92 327 462 369 Debenture stock; covering deed; sub-demise to trustees; "creation" of charge; registration; Companies Act, 1900 (63 & 64 Vict., c. 48), s. 14. Cornbrook Brewery Co. v. Law Debenture Corporation Dividend; maximum rate fixed by statute; income tax; payment of by company before calculating dividend; Income Tax Act, 1842 (5 & 6 Vict., c. 35), ss. 40, 54, 60, Schedule (A.), No. III., (3), 102; Income Tax Act, 1853 (16 & 17 Vict., c. 34), s. 40. The Attorney-General v. Ashton Gas Co. Memorandum of Association; sale under power in memorandum; agreement between old ond new company to sell shares of dissentient members and apply proceeds. Manners v. St. David's Gold and Copper Mines 322, 328 Practice; appeal from registrar; how made; Companies (Winding-up) Rules, 1903, rule 7. In re Bryndu and Port Talbot Collieries. Jones v. Blindell and others Reduction of capital; reserve fund; undistributed profits; premium on leases; premiums on issue of preference shares; apportionment of loss between capital and reserve; Companies Act, 1877 (40 & 41 Vict., c. 26), s. 3. In re Hoare & Co. Share Certificate; forgery by secretary; scope of authority of secretary. Reuben v. Great Fingall Consolidated 378 327 334 Conditions attached to goods; manufacturers; dealers; minimum retail prices; successive purchasers; contractual privity. M'Gruther v. Pitcher Impossibility of performance; charter of ship for naval review. Herne Bay Steamboat Co. v. Hutton Copyright Encyclopædia; separate articles; author employed and paid by publisher; Copyright Act, 1842 (5 & 6 Vict., c. 45), ss. 2, 18. Lawrence and Bullen v. Aflalo and another Copyright of Design-Infringement; registered design and patent for same invention; subsequent registration of similar design; no knowledge of registration before action; inTrade junction; Patents, Designs, and Marks Act, 1883 (46 & 47 Vict., c. 57), ss. 13, 47, 51, 52, 58, 59, 60, 61. Werner Moters v. Gamage Costs ... Civil 24 287 12 91 462 Contract; impossibility of performance; right to recover back money; jurisdiction to deprive successful party of costs. Service Co-operative Society v. General Steam Navigation Company ... 265 Interest on costs paid by litigant unsuccessful in the Court of Appeal, but successful in the House of Lords; satisfaction of judgment debt; Judgments Act, 1838 (1 & 2 Vict., c. 110), s. 17. Ashworth v. English Card Clothing Co. (No. 2) Practice; new trial; misdirection; opposition to application; costs of unsuccessful application. Hamilton v. Seal liability of insurers. Robinson Gold Mining Company v. Alliance, Marine and General Assurance Company Mortgage debt; surety; co-surety; tion. In re Denton. Licences Insurance Corporation v. Denton (Marine); seaworthiness; voyage policy; insufficiency of coal; ship's fittings, spars and cargo used for coal; liability of underwriters. Greenock Steamship Co. v. Maritime Insurance Co. 11 of; damage to neighbour's trees. Smith v. Giddy 462 P Perpetuity-Remoteness; possibility upon a possibility; child en ventre sa mère"; rule as to assuming birth; benefit of child; equitable contingent remainders. In re Wilmer's Trusts. Moore v. Wingfield Practice Action against husband and wife for libel by wife; one defence; payment into Court by husband without denying liability; denial of publication by wife; incompatible defences; striking out; Rules of Supreme Court, Or. XXII., r. 1. Beaumont v. Kay Judgment; married woman; separate property; restraint against anticipation. Birmingham Excelsior Money Society v. Haywood 71 92 316 Market-Franchise; sale in adjoining field; disturbance of market rights. Wilcox v. Steel Master and Servant Compensation; award of weekly payment 448 348 248 71 R Railway-Land compulsorily taken; notice to treat; lease of adjoining land by landowner before compensation assessed; injurious affection of land so leased; claim of lessee against railway company; Lands Clauses Act, 1845 (8 Vict., c. 18), s. 68. Mercer v. Liverpool, St. Helens, and South Lancashire Railway Co. Receiver-Costs; action charging receiver with misconduct; dismissal of action; costs of defence; no benefit to trust estate; indemnity. In re Dunn. Brinklow v. Singleton Revenue Estate duty; policy of life insurance; insurable interest; void policy; settlement; 462 248 "interest provided by deceased in concert or by arrangement with another; property passing on death; Gambling Act, 1774 (14 Geo. III., c. 48); Finance Act, 1894 (57 & 58 Vict., c. 30), ss. 1, 2, subs. 1 (d). The Attorney-General v. Murray Estate duty; settlement estate duty; exoneration of specific property; direction to pay "my duties out of residue. In re Pimm. Sharpe v. Hobson Income tax; "annuity"; payment by instalments with interest; capital and income; Income Tax Act, 1853 (16 & 17 Vict., c. 34), s. 2. Secretary of State in Council of India . Scoble Stamp duty; purchase of property under statutory authority; conveyance excluding both real estate and chattels; Finance Act, 1895 (58 & 59 Vict., c. 16), s. 12. Eastbourne Corporation v. The AttorneyGeneral S County Court; jurisdiction; retention on register; injunction to restrain infringement. Bow v. Hart Registration; invented word; passing off; rectification of register; Patents, Designs, and Trade Marks Act, 1888 (51 & 52 Vict., c 50), s. 10 (64), sub-s. (1) (2) (e). Christy v. Tipper Trust Tenant-for-life and remainderman; investment; deficient security; arrears of interest; proceeds of realisation; apportionment. In re Atkinson. Barbers' Company v. Grose Smith Trustees-New appointment of; executors of last surviving trustee; appointment by executors of one of themselves. Montefiore v. Guedalla PAGE 462 318 265 347 25 Will In re 317 ... Equitable estate in copyholds; no words of limitation; absolute interest. Tringham. Tringham v. Greenhill Sewer Local government; drainage; open channel; nuisance; liability of local authority; Public Health Act, 1875 (58 & 59 Vict., c. 55), ss. 4, 13, 42. Wilkinson v. Llandaff and Dinas Powis Rural Council Shipping-Collision; compulsory pilotage; ship carrying passengers; exemptions; constant trader"; Pilotage Act, 1825 (6 Geo. IV., c. 125), s. 59; Order in Council, February 18, 1854. The Cayo Bonito Solicitor Taxation of bill of third party; right 66 of creditor; "party interested in the property" out of which bill payable; Solicitors Act, 1843 (6 & 7 Vict., c. 73), s. 39. In re Roberts-Jones and Everett Solicitor and Client-Costs; series of bills or one bill; taxation after payment; Solicitors Act, 1843 (6 & 7 Vict., c. 73), ss. 39, 41. In re Hudson, a Solicitor Stock Exchange-Default of broker; liquidation by Official Assignee of Stock Exchange; de 302 11 303 248 Construction; strict settlement; successive life estates followed by successive estates tail. Honywood v. Honywood Construction; "in full confidence"; precatory trust; gift in default of disposition; repugnancy. In re Hanbury. Hanbury v. Fisher Conversion; postponement; tenant-for-life and remainderman; wasting security; rents and royalties from mining leases; rate of interest payable to tenant--for-life; three per cent. In re Woods. Gabellini v. Woods Powers of appointment and advancement; exercise of powers; hotchpot clause. In re Fox. Wodehouse v. Fox Precatory trust; desire." In re Oldfield. Oldfield . Oldfield |