Torkington v Magee
| Jurisdiction | England & Wales |
| Date | 1902 |
| Court | Divisional Court |
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59 cases
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R v Kohn
...has stolen, in other words appropriated that thing in action, then the offence is made out. 37 We refer to the well known passage in Torkington v. Magee (1902) 2 K.B. 427 in the judgment of Mr. Justice Channell which appears at page 430 of the report to see the force of the argument. It run......
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R (Murungaru) v Secretary of State for the Home Department and Others
...these concessions was at best dubious and the second was wrong. 44 The classic definition of a chose in action is that of Channel J in Torkington v Magee [1922] 2 KB 427: it is a personal right of property which can only be claimed or enforced by action, and not by taking physical possessio......
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6 books & journal articles
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The Trendtex Principle in Australian Law: Context and Recent Developments
...law upon the matter requires broad juristic consideration and decision by an appellate tribunal in the light of modern circumstances.” 29[1902] 2 KB 427. 30Ibid., 431. 31Rickard Constructions v Rickard Hails Moretti [2004] NSWSC 1041 [42] (McDougall J); Rio Tinto Exploration Pty Ltd v Graph......
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The legal and commercial frameworks
...personal rights of property which can only be claimed or enforced by action, and not by taking physical possession”: Torkington v Magee [1902] 2 KB 427 at 430, per Channell J; State of NSW v Bovis Lend Lease Ltd [2007] NSWSC 1045 at [80], per Einstein J; Owners of Strata Plan 5290 v CGS & C......
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Table of Cases
...Toomer v Witsell, 334 US 385 at 402 (1948) ....................................................... 19 Torkington v Magee, [1902] 2 KB 427 .................................................................... 4 Toronto Standard Condominium Corp No 1487 v Market Lofts Inc, 2015 ONSC 1067 ...........
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What is Property?
...Act , RSPEI 1988, c P-21, s 1(l). 2 Bankruptcy and Insolvency Act , RSC 1985, c B-3, s 71. 3 Ibid , s 2. 4 See Torkington v Magee , [1902] 2 KB 427 at 430. What Is Property? 5 bankruptcy, 5 yet it is a right in personam that would not be regarded as property in other contexts. When property......
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