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The Weekly Reporter Volume 42

The Weekly Reporter Volume 42


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ...by a judgment which was in no way binding on the land. Moreover, if the plaintiff company's claim could be regarded as binding the land in spite of the fact that no registration of that claim had been made in Mexico (which alone could validly bind the land there), still, the English company were purchasers of the land prior to the former action, though their title also was not perfected by registration; and a purchaser of land cannot be estopped as being pnvy in estate by judgment in an action against the vendor commenced after the purchase. Again, it was contended on behalf of the plaintiff company in the present aotion that, the American company having defended the former aotion with the knowledge and approval of the English company, the English company would be estopped under their covenant of indemnity from disputing the judgment as against the American company. In an action on the covenant of indemnity that is so, but it should be borne in mind that this is not an action on the covenant of indemnity. Such an estoppel arises only between the person indemnifying and thn person indemnified, and arises only by virtue of a term employed in an express covenant of indemnity: Parker v. Lewi, 21 W. R. 928. L. R. S Ch. App. 1035. In the present case the American company are not only not suing, but they are not even parties to the action. In the present action the plaintiff company are suing the English company on grounds which, as they contend, render the English company directly liable to them and not merely to the American company, and in such an action I cannot find any ground for estoppel merely because the English company might be estopped as against the American company in an action by the latter on the covenant of indemnity. What I now decide will not aff...


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Product Details
  • ISBN-13: 9781130927306
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 872
  • Spine Width: 44 mm
  • Width: 189 mm
  • ISBN-10: 113092730X
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1524 gr


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