Results: 62

• Plomien Fuel Economiser Co Ltd v National Marketing Co

  05 Feb 1941 [1941] Ch 248, Ch D

  Subsequent considerations : 1 neutral.
  EVIDENCE — Proof signed by person deceased — Passing-off action by company
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  Case index catchwords

  EVIDENCE — Proof signed by person deceased — Passing-off action by company — Tester employed on company's apparatus — Statement in proof as to persons supplied — Whether tester “a person interested” — Proof not admissible — Evidence Act, 1938 (1 & 2 Geo. 6, c. 28), s. 1.

  1 Statute considered

• In Re Chalfont and District Permanent Building Society’s Application

  24 Jun 1941 [1941] Ch 458, Ch D

  WAR — Emergency Legislation — Mortgage
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  Case index catchwords

  WAR — Emergency Legislation — Mortgage — House — Sole substantial asset — Payment of mortgage debt possible by sale of house — Loss of home — Ability of borrower “to pay the …. debt” — Default in payment of instalments — Circumstances …. attributable to …. war — Courts (Emergency Powers) Act, 1939 (2 & 3 Geo. 6, c. 67), s. 1, sub-s. 4.

  1 Statute considered
• Harland-Peck, In re

  14 Nov 1940 [1941] Ch 182, CA

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  ADMINISTRATION — Bequest of residuary estate “subject to the payment” of funeral and testamentary expenses, duties, debts and legacies to two named persons — Death of one legatee in lifetime of testatrix
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  Case index catchwords

  ADMINISTRATION — Bequest of residuary estate “subject to the payment” of funeral and testamentary expenses, duties, debts and legacies to two named persons — Death of one legatee in lifetime of testatrix — Lapsed share — Administration of Estates Act, 1925 (15 Geo. 5, c. 23), s. 34, sub-s. 3; Sch. I., Part II.

  1 Statute considered

• In Re A Debtor[No 1 of 1941]

  28 Jul 1941 [1941] Ch 487, DC

  BANKRUPTCY — Lunatic — Adjudication
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  Case index catchwords

  BANKRUPTCY — Lunatic — Adjudication — Concurrence of court in lunacy — Act of bankruptcy before appointment of receiver by court in lunacy — Trustee subject to direction of court in lunacy — Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), s. 18, sub-s. 1; s. 149.

  1 Statute considered
• Austins of East Ham Ltd v Macey

  08 Apr 1941 [1941] Ch 338, CA

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  WAR — Emergency Legislation — Judgment
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  Case index catchwords

  WAR — Emergency Legislation — Judgment — Enforcement — Vendor and Purchaser — Contract for sale of land — Order for specific performance — Failure to comply — Motion for rescission — Motion not a proceeding for enforcement of judgment for payment or recovery of money — Courts (Emergency Powers) Act, 1939 (2 & 3 Geo. 6, c. 67), s. 1, sub-s. 1.

  1 Statute considered

• In Re Knapton; Knapton v Hindle

  13 Jun 1941 [1941] Ch 428, Ch D

  WILL — Allocation of subject-matter of bequest — Bequest of a house to each of a class of persons and individuals
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  Case index catchwords

  WILL — Allocation of subject-matter of bequest — Bequest of a house to each of a class of persons and individuals — Right of choice — No allocation of any house to any person — Allocation by lot in default of agreement between members of class.

• In Re Pollock; Pollock v Pollock (No 2)

  26 Feb 1941 [1941] Ch 219, Ch D

  Subsequent citations: 1.
  ADMINISTRATION — Will of testatrix bequeathing estate to husband — Husband shoots wife and commits suicide
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  Case index catchwords

  ADMINISTRATION — Will of testatrix bequeathing estate to husband — Husband shoots wife and commits suicide — Inquest and verdict — No evidence to prove state of husband's mind — Presumption of felonious intent — Administrator's right to distribute wife's estate as upon her death intestate.
• Destone Fabrics Ltd, In re

  23 May 1941 [1941] Ch 319, CA

  Subsequent considerations : 1 positive. Subsequent citations: 1.
  COMPANY — Winding up — Floating charge created within six months
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  Case index catchwords

  COMPANY — Winding up — Floating charge created within six months — Validity — Payment of cash into company's banking account — Object to benefit creditors and not company — Companies Act, 1929 (19 & 20 Geo. 5, c. 23), s. 266.

  1 Statute considered
• Robbins, In re

  17 Jun 1941 [1941] Ch 434, Ch D

  Subsequent considerations : 1 positive.
  WILL — Settled shares — Two tenants for life
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  Case index catchwords

  WILL — Settled shares — Two tenants for life — “Periodical payments in nature of income current” at death of testator not apportionable — Undrawn profits — Power to trustees to carry on business of testator — Death of one tenant for life — Business carried on by trustees with his executors — Title of surviving tenant for life to profits.

• In Re Winslow Hall Estates Co and United Glass Bottle Manufacturers Ltd’s Contract

  29 Jul 1941 [1941] Ch 503, Ch D

  Subsequent citations: 1.
  WAR — Emergency Legislation — Vendor and purchaser
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  Case index catchwords

  WAR — Emergency Legislation — Vendor and purchaser — Contract for sale of land — Requisition notice — Possession not taken by government before completion — Ability of vendors to give vacant possession — Encumbrance of land by notice — Defence (General) Regulations, 1939 (St. R. & O. 1939, No. 927), reg. 51 (1.).

  1 Statutory Instrument considered