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larceny

by trick : larceny of property obtained by the use of misrepresentation esp. in getting an owner to hand over something in the belief that it is for temporary purposes compare false pretenses larceny from the person … of theft (as embezzlement or obtaining another's property by false pretenses) that have been traditionally distinguished from larceny NOTE: Under the Model Penal Code and in states that follow it, larceny is a type of theft. In

will

will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many states provided it meets statutory requirements (as that no … form regardless of the location of its execution or the assets, nationality, domicile, or residence of the testator NOTE: A properly executed international will is still subject to local probate laws; the validity deriving from adherence to

bailment

bailment [Anglo-French bayllment, from bailler to hand over see bail ] : the transfer of possession but not ownership of personal property (as goods) for … for loss or damage to the property compare deposit loan for consumption and loan for use at loan NOTE: The typical elements of a bailment are delivery of the personal property, acceptance of the delivery, and possession

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Money

me to have been well defined Mr. Walker in Money, Trade and Industry, as: 'That passes freely from hand to hand throughout the community, in the final discharge of debts and full payment for commodities; being accepted … ordinary acceptation. It means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt, or other personal or real estate, Lane v. Railey, 280 Ky 319, 133 SW

Money Bill

me to have been well defined Mr. Walker in Money, Trade and Industry, as: 'That passes freely from hand to hand throughout the community, in the final discharge of debts and full payment for commodities; being accepted … ordinary acceptation. It means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt, or other personal or real estate, Lane v. Railey, 280 Ky 319, 133 SW

party

joinder, and whose nonjoinder will result in the dismissal of an action compare necessary party in this entry NOTE: Federal Rule of Civil Procedure 19 provides the courts with discretion in determining whether the absence of a … for the situation for which judicial relief is sought : a party who comes into court with clean hands necessary party : a party whose interests are so connected with an action that he or she should

Receipt

the purposes of the Stamp Act, 1891, the expression 'receipt' is defined (s. 101) as including-- (1) Any note, memorandum, or writing whereby any money amounting to two pounds or upwards, or any bill of exchange or … s. 8] by the person to whom the receipt is given before he delivers it out of his hands. The receipt form sometimes indorsed upon a cheque or other bill of exchanges requires a 2d. stamp under

bail

bail [Anglo-French, act of handing over, delivery of a prisoner into someone's custody in exchange for security, from bailler to hand over, entrust, … [identity of the article claimed to have been ed "Peet v. Roth Hotel Co., 253 N.W. 546 (1934)"] NOTE: Property is usually bailed by putting it temporarily in the custody of another for a specific purpose, as

Cross-examination

See RE-EXAMINATION. And if a witness be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in the cause, and may be cross-examined as … 1898, on questions which may not be put to a person charged with a criminal offence should be noted. The propriety of selecting any of the others must depend upon the view suggested to the moment by

Directors

liability for negligence or breach of trust. A director will not generally be personally liable on a promissory note or cheque which he has signed on behalf of the company, Chapman v. Smethurst, (1909) 1 KB 927. … the company; they are, however, trustees of any property of the company that may have come into their hands, however honestly they may have acted, and can as such plead the limitation under the Trustee Act, 1888,

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