Smith and Others, Assignees of Lewis and Potter, against Hodson
| Jurisdiction | England & Wales |
| Year | 1791 |
| Date | 1791 |
| Court | Court of the King's Bench |
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10 cases
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James Young and Others, - Appellants; The Bank of Bengal, - Respondents
...743 ; Olive v. Smith, [160] 5 Taunt, 56; Rose v. Hart, 8 Taunt. 499 ; French v. Feme, 1 Cook. Bankpt. Law, 536, 7 Ed.; Smith v. Hodson, 4 T.R. 211 ; Parker v. Carter, 1 Cook. B.L. 548; Sampson v. Burton, 2 Brod. and Bing. 89; Easum v. Cato, 5 Barn, and Adol. 661; Ease v. Sims, 1 Barn, and A......
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Sir Rowland Heyward's Case
...1 Co. B. L. ed. Gregg. 30. 2 Madd. Ch. 666; by assignees of a bankrupt to adopt or reject contracts made by the bankrupt (Smith v. Hodsm, 4 T. R. 211. Venson v. Hanson, 2 T. R. 287, ante p. 26 a. n. (l).), or terms for years belonging to him, Bourdillon v. Dalian, Peake N. P. 238. Esp. N. P......
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Case and Goodwin, Assignees of Packwood, a Bankrupt, against Edward Young
...not have maintained an action for goods sold and delivered. [Bayley J. Because they would thereby have affirmed the sale. Smith v. Hodson (4 T. R. 211).] The object of the statute was, to put the assignees in the same situation as if payment had been made to themselves. If they could recove......
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Oliver and Others, Assignees of John Jacob and William Jaconb, Bankrupts, v Smith and Others
... ... but that the sum due to tbe Defendants for premiums was to be set against the sum received by them for losses, and they might retain this by virtue ... Hodson, 4 Term Rep, 211, did Lord Kenyon C. J., and they have since inclined to ... his acceptance by the goods, that he had a mutual credit : for Lewis and Potter had trusted the Defendant with the goods, and the Defendant had ... ...
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8 books & journal articles
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Class Reunion: Revisiting Class Action Justification After Twenty Years
...in favour of implying fictional contracts, or “quasi-contracts,” to allow for contract-based damages. See, for example Smith v Hodson (1791), 100 ER 979; Brewer v Sparrow (1827), 108 ER 739; and Ferguson v Carrington (1829), 109 ER The C a nadia n Cl a ss Action R eview repay.15 Without tre......
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A History of Class Actions: Modern Lessons From Deep Roots
...in favour of implying fictional contracts, or “quasi-contracts,” to allow for contract-based damages. See, for example Smith v Hodson (1791), 100 ER 979; Brewer v Sparrow (1827), 108 ER 739; and Ferguson v Carrington (1829), 109 ER The C a nadia n Cl a ss Action R eview repay.15 Without tre......
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Palpable and Overriding Confusion: Appellate Review of Certification Orders in Canada
...in favour of implying fictional contracts, or “quasi-contracts,” to allow for contract-based damages. See, for example Smith v Hodson (1791), 100 ER 979; Brewer v Sparrow (1827), 108 ER 739; and Ferguson v Carrington (1829), 109 ER The C a nadia n Cl a ss Action R eview repay.15 Without tre......
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Whither Common Law Claims for Secondary Market Misrepresentation?: An Analyis of Certification Decisions in Mccann v Cp Ships , Silver v Imax , Mckenna v Gammon Gold , and Dobbie v Arctic Glacier
...in favour of implying fictional contracts, or “quasi-contracts,” to allow for contract-based damages. See, for example Smith v Hodson (1791), 100 ER 979; Brewer v Sparrow (1827), 108 ER 739; and Ferguson v Carrington (1829), 109 ER The C a nadia n Cl a ss Action R eview repay.15 Without tre......
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