Commentaries on Equity Jurisprudence
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| Hersteller: | Forgotten Books (Randall, A. E.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Commentaries on Equity Jurisprudence: Hon. Mr. Justice Story, LL. D., Sometime One of the Justices of the Supreme Court of the United States My main difficulty in preparing this edition was how to deal with the authors text. It is a recognised classic, and many passages have been adopted judicially. At the same time there are many statements which have been allowed to stand in previous editions, and which could not be supported at the present day. To allow the original text to remain unmodified would clearly mislead the student without assisting the practitioner. Let me give one or two examples. Founding himself upon a dictum of Lord Hardwicke, the author asserted that "common sailors" in the mercantile and naval service required guardianship during the whole course of their lives, and received special consideration in courts of equity in relation to their bargains. But people in humble positions have shown the astuteness of the plaintiff in Armory v. Delamirie (1722) 1 Stra. 504.Again Jenkins v. Kemis as reported in 1 Ch. Cas. 103 could never have survived the distructive criticism of Lord St. Leonard´s assuming that it was law in the authors day. See Mamell v. Blake (1816) 4 Dow. 248; 16 R. R. 36. So too, the accountability of one co-owner to another (be they joint tenants or tenants in common) does not rest on a fiduciary relationship, and the doctrine that joint debts are joint and several in equity was finally exploded about forty years ago. I have frequently had occasion to comment on the practice which has persisted of supplementing the text by footnotes. Some editors have even deemed footnotes to be the proper medium for correcting inaccuracies in the text. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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