The Law Magazine and Review: A Quarterly Review of Jurisprudence, Volume 23Saunders and Benning, 1855 - Law |
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Page 27
right , the Roman law 1 expressly declares that he must make the appropriation
at the time of payment : Permittitur ergo ... 596 ) , the creditor was held to have
appropriated a general payment by the mode in which he framed his action .
right , the Roman law 1 expressly declares that he must make the appropriation
at the time of payment : Permittitur ergo ... 596 ) , the creditor was held to have
appropriated a general payment by the mode in which he framed his action .
Page 30
The rule presupposes that the debtor has not himself appropriated the payment .
Those cases , therefore , where an actual appropriation by him is presumed or
inferred , and where , consequently , a different appropriation by the creditor ...
The rule presupposes that the debtor has not himself appropriated the payment .
Those cases , therefore , where an actual appropriation by him is presumed or
inferred , and where , consequently , a different appropriation by the creditor ...
Page 31
1 others , certainly show that our judges were formerly much more inclined than
now to protect the debtor from a prejudicial appropriation by his creditor . The
lenient doctrine of the civil law was evidently that tacitly adopted in the early
stages ...
1 others , certainly show that our judges were formerly much more inclined than
now to protect the debtor from a prejudicial appropriation by his creditor . The
lenient doctrine of the civil law was evidently that tacitly adopted in the early
stages ...
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Contents
POINTS IN THE HISTORY OF OUR | 1 |
FESSIONAL AND PARLIAMENTARY | 66 |
THE TRANSMISSION OF THE EXECUTOR | 110 |
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Common terms and phrases
according action actual allowed amount appears applied appropriation authority bill called character charge circumstances claim committed common consideration considered constructive contract County Court course creditor debt debtor decided defendant direct discharge doubt duty effect England established evidence examination existence express extent fact give given ground hand held House important instance interest judge judgment jurisdiction Justice knowledge land learned less liability limited London Lord Brougham Lyndhurst matter means measure ment mind nature never notice object observed obtained opinion original Parliament particular party passed payment period person political position possession practice present principle proceedings purchaser question reason received reference regard remarks Report respect rule statute taken tion trust whole writ