 | William Wait - 1878 - Broj stranica: 1026
...omissions would be confiscation, not taxation. State v. Mayor, etc., of Jersey City, 37 NJ Law, 39. A penalty implies a prohibition, though there are no prohibitory words in the statute. Best v. Bander, 29 How. (NY ) 489. § 2. When an action will lie for. It is a well-settled doctrine... | |
 | Isaac Grant Thompson - 1879 - Broj stranica: 888
...contract made about, any matter or thing which is prohibited and made unlawful by any statute, is avoid contract, though the statute itself doth not mention...though there are no prohibitory words in the statute;" and that " lu every case where a penalty is affixed to the doing of such an act, yet if such a. thing... | |
 | Claude Charles Molyneux Plumptre - 1879 - Broj stranica: 326
...though the statute does not mention that it shall be so, but only inflicts a penalty on the defaulter ; because a penalty implies a prohibition, though there are no prohibitory words in the statute (per Holt, CJ, in Bartlett v. Vinor, Carth. 252. See Sub-rule). (1) In Cope v. Rowlands (2M.Sf W. 149),... | |
 | Hugh Barclay - 1880 - Broj stranica: 922
...— 8th Feb. 1776, Duncan. In England, it has been held, 'that every contract made for or about any matter or thing which is prohibited and made unlawful...because a penalty implies a prohibition, though there be no prohibiting words in the statute. — Bartlett, Carth. 252 ; Brown on Sale, p. 131. CONTRACT... | |
 | Ceylon. Supreme Court - 1880 - Broj stranica: 254
...statute itself does not mention that it shall be so, but ' only inflicts a penalty on the defaulter ; because a penalty implies ' a prohibition, though there are no prohibitory words in the sta' tute.' Chitty on Contr. p. 695, 3rd ed. " Under these circumstances, the Court is of opinion that... | |
 | Edward Wilberforce - 1881 - Broj stranica: 494
...prohibited, or made declared68 unlawful by statute, is a void contract, though the vold- statute does not mention that it shall be so, but only inflicts...though there are no prohibitory words in the statute" (A). Therefore where the 10 Geo. II. c. 31, enacted that it should not be lawful for any wherryman... | |
 | 1908 - Broj stranica: 1082
...which is prohibited and made unlawful by any statute is a void contract, though the statute itself does not mention that it shall be so, but only inflicts...penalty implies a prohibition, though there are no prohi!)itory words in the statute." In Langton v. Huyhes, 1 M. & S. 596, Lord Ellenborough, CJ, said,... | |
 | Isaac Grant Thompson - 1884 - Broj stranica: 1000
...contract, though the statute does not mention that it shall be so, but only inflicts a penalty on flu' offender; because a penalty implies a prohibition, though there are no prohibitory x>rds in the statute." Bartlett v. Vinor, Carthew, 252. Funk v. Gallivan. It follows that neither the... | |
 | Sir William Nevill Montgomerie Geary - 1885 - Broj stranica: 252
...thing which is prohibited and made unlawful by statute is a void contract, though the statute does not mention that it shall be so, but only inflicts...though there are no prohibitory words in the statute.' The same principle was more briefly expressed by Lord Ellenborough in the case of Langton v. Hughes,... | |
 | 1885 - Broj stranica: 902
...thing which is prohibited, and made unlawful by statute, is a void contract, although the statute docs not mention that it shall be so, but only inflicts...offender, because a penalty implies a prohibition : Clnrk v. Protection Ins. Co., 1 Story 122. See also Uartlett v. Vinor, Corlton R. 252 : LleBegnis... | |
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That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty... 
