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Citation
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Judgment date
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| November 1910 |
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Reported
Conviction for theft quashed where delivery of sold cattle was not proved and constitutum possessorium was doubtful.
Criminal law – Theft – Delivery required to transfer property – constitutum possessorium – whether a request to "look after" sold goods effects delivery – burden of proof and benefit of doubt where intention to pass property is uncertain.
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25 November 1910 |
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Reported
A life policy alterable by the insured is an asset of the joint estate and passes under a notarial separation deed.
Insurance law; life policy as asset of joint estate; construction of notarial deed — "assets of the joint estate"; inadmissibility of parol evidence where language unambiguous; requirements for valid cession of policy; effect of policy rights (pledge/change beneficiary) on ownership.
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23 November 1910 |
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Reported
Malicious proceedings.-Malicious use of civil procedure.-Measure of damages. |
18 November 1910 |
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Reported
Practice.-Pleading.-Application to strike out.-Parol evidence. |
16 November 1910 |
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Reported
Acknowledged debt under a covering bond and breached conditions justify provisional sentence and execution of the specially hypothecated lease.
Provisional sentence; covering bond; acknowledged indebtedness; breach of bond conditions (levy of execution and failure to pay on writ); specially hypothecated lease declared executable; Mosenthal & Co. v. Lindley followed.
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11 November 1910 |
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Reported
Practice.-Pauper suit.-Absolution from the instance. -Refusal of leave to sue again in formda pauperis on the same facts. |
1 November 1910 |