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" ... their part, on the ground of such insurance, fails. And it is no objection to this answer, that the fund out of which their debt was paid did not (as was the case in the present instance) originally belong to the executors, as a part of the assets... "
A Treatise on Life Assurance: In which the Systems and Practice of the ... - Sivu 153
tekijä(t) George Farren - 1823 - 200 sivua
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Nide 15

Great Britain. Court of King's Bench, Edward Hyde East - 1808 - 532 sivua
...thereout; and the damnification of the creditors, in refpect of which their -dion upon the aiTurancc contract is alone maintainable, was fully obviated before their action was brought. This is agreeably to the doctrine of Lord Mansfield in Hamilton V. Mf tides t 2 Burr. 1210. The words of Lord...

A System of the Law of Marine Insurances: With Three Chapters, on ..., Nide 1

James Allan Park - 1809 - 356 sivua
...thereout; and the damnification of the creditors, in rcfpect cf which their action upon the -ai'urance contract is alone maintainable, was fully obviated...agreeable to the doctrine of Lord Mansfield in Hamilton v. Menda, 2 Burr. 1210. The words of Lord Mansfield are, " The plaintiff's demand is for 'an " indemnity...

A System of the Law of Marine Insurances: With Three Chapters, on ..., Nide 1

James Allan Park - 1809 - 924 sivua
...thereout ; and the damnification of the creditors, in refpect of which their action upon the aflurance contract is alone maintainable, was fully obviated...action was brought. This is agreeable to the doctrine ot Lord Mansfield in Hamlltan v. Mendes, 2 Burr. 1210. The words of Lord Mansfield are, " The plaintiff's...

A System of the Law of Marine Insurances: With Three Chapters, on ..., Nide 1

James Allan Park - 1817 - 848 sivua
...originally belong to the executors, as the part of assets of thf deceased: for though it were derived aliunde, the debt of the testator was equally satisfied...creditors, in respect of which their action upon, the assurance contract is alone maintainable, was fully obviated before their action was brought. This...

A Practical Treatise on Life-assurance: In which the Statutes and Judicial ...

Frederick Blayney - 1826 - 224 sivua
...of the deceased: " for though it were derived to them aliunde, the " debt of the testator was equa% satisfied by them " thereout, and the damnification...creditors, " in respect of which their action upon the insur" ance contract is alone maintainable, was fully " obviated before their action was brought. This...

A Practical Treatise on Life Assurance ...

Frederick Blayney - 1837 - 326 sivua
...deceased : for though it were derived to them " aliunde, the debt of the testator was equally satis" fied by them thereout, and the damnification of " the creditors,...to the doctrine of Lord " Mansfield in Hamilton v. Mcndes, 2 Burr. 1210. " The words of Lord Mansfield are, ' The plaintiffs " ' demand is for an indemnity...

A Selection of Leading Cases on Various Branches of the Law ..., Nide 2,Osa 1

John William Smith - 1840 - 530 sivua
...the executors, as a part of the assets of the deceased : for though it were derived to them aliundd, the debt of the testator was equally satisfied by...creditors, in respect of which their action upon the assurance contract is alone maintainable, was fully obviated before their action was brought. This...

A Selection of Leading Cases on Various Branches of the Law: With Notes, Nide 2

John William Smith - 1842 - 612 sivua
...the executors, as a part of the assets of the deceased : for though it were derived to them aliundd, the debt of the testator was equally satisfied by...creditors, in respect of which their action upon the assurance contract is alone maintainable, was fully obviated before their action was brought. This...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Nide 5

Great Britain. Court of King's Bench, Edward Hyde East - 1845 - 586 sivua
...payment of his debt to them, the foundation of any action on their part, on the ground of such insurance fails. And it is no objection to this answer, that...creditors, in respect of which their action upon the assurance contract is also maintainable, was fully obviated before their action was brought. This is...

Annals, Anecdotes and Legends: A Chronicle of Life Assurance

John Francis (of the Bank of England.) - 1853 - 378 sivua
...originally belong to the executors, as a part of the assets of the deceased ; for though it was devised to them aliunde, the debt of the testator was equally...was fully obviated before their action was brought. Upon this ground, therefore, that the plaintiffs had in this case no subsisting cause of action in...




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