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accepted action affirmed agent agree agreement allowed amount appellants apply authority benefit bill called cause charge City of Glasgow claim clause considered contract corporation costs course court creditors death debt decision deed defendant devise direction directors doubt duty effect entered entitled equity evidence executed existence express fact father firm give given Glasgow Bank ground H.L. Sc hand held hold intention interest issue John joint judges judgment Justice land Law Rep learned lease legacies liability limited Lord Lordships matter means ment mortgage object opinion paid parties payment person plaintiff possession present principle provisions purchase question reason received reference regard respect respondent rule shareholders shares society statute sufficient taken tion transfer trust whole
Page 459 - ... whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable. Whatever is injurious to the interests of the public, is void on the ground of public policy.
Page 459 - And we do not see how a better test can be applied to the question, whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favour of whom it is given, and not so large as to interfere with the interests of the public.
Page 668 - A. be dead at the date of the will or at the death of the testator, the issue of that child cannot take anything.
Page 696 - ... in the name of the company, seek to enforce that contract, or the person who has been deceived institutes a suit against the company to rescind the contract on the ground of fraud, the misrepresentations are imputable to the company, and the purchaser cannot be held to his contract, because a company cannot retain any benefit which they have obtained through the fraud of their agents.
Page 684 - In all these cases it may be said, as it was said here, that the master has not authorized the act. It is true, he has not authorized the particular act, but he has put the agent in his place to do that class of acts, and he must be answerable for the manner in which the agent has conducted himself in doing the business which it was the act of his master to place him in.
Page 670 - For these reasons their Lordships will humbly advise Her Majesty that the...
Page 256 - It is a solemn and continuing affirmation by the corporation that the person, to whom it was issued, is entitled to all the rights and subject to all the liabilities of a stockholder 88 43 MISSOURI APPEAL REPORTS, Keller v.
Page 169 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.