Sir Francis Buller, 1st Baronet: Court

Sir Francis Buller, 1st Baronet was British judge. Explore interesting quotes on court.
Sir Francis Buller, 1st Baronet: 48   quotes 0   likes

“It has been uniformly laid down in this Court, as far back as we can remember, that good faith is the basis of all mercantile transactions.”

Sir Francis Buller, 1st Baronet

Salomons v. Nissen (1788), 2 T. R. 681.

Faith

“The Court is to pronounce according to the apparent intent of the testator, but that intent must be found in the words of the will, and is not to be collected by conjecture dehors the will.”

Sir Francis Buller, 1st Baronet

Doe et dem. Dacre v. Dacre (1798), 2 Bos. & Pull 259.

“I have always thought it highly injurious to the public that different rules should prevail in the different Courts on the same mercantile case. My opinion has been uniform on that subject. It sometimes indeed happens that in questions of real property Courts of law find themselves fettered with rules, from which they cannot depart, because they are fixed and established rules1; though equity may interpose, not to contradict, but to correct, the strict and rigid rules of law. But in mercantile questions no distinction ought to prevail. The mercantile law of this country is founded on principles of equity; and when once a rule is established in that Court as a rule of property, it ought to be adopted in a Court of law. For this reason Courts of law of late years have said that, even where the action is founded on a tort, they would discover some mode of defeating the plaintiff, unless his action were also founded on equity; and that though the property might on legal grounds be with the plaintiff, if there were any claim or charge by the defendant, they would not consider the retaining of the goods as a conversion.”

Sir Francis Buller, 1st Baronet

Tooke v. Hollingworth (1793), 5 T. R. 229.

Law , Question , Country

“Expressions used in particular cases are to be understood with relation to the subject-matter then before the Court.”

Sir Francis Buller, 1st Baronet

Moss v. Gallimore (1780), Dougl. 279.

“Dissentions existing between man and wife are in all events very unfortunate: when they become the subject of consideration to third persons, they are very unpleasant, and if the case requires that the conduct of each party should be commented upon in public, it is a most painful task to those to whose lot it falls to judge on them. The subject therefore is always to be handled with as much delicacy as it will admit of; but the infirmities of human nature have given rise to cruelties and other ill-treatment on the part of husbands, and to cases in which this Court has thought it indispensably necessary to interpose.”

Sir Francis Buller, 1st Baronet

Fletcher v. Fletcher (1788), 2 Cox. Eq. Cas. 102.

Pain , Nature , Parting , Personality

“My distinction is, that in incorrect wills the Court may take liberties, but that if the words are correct they have no power to make any alteration.”

Sir Francis Buller, 1st Baronet

Doe et dem. Dacre v. Dacre (1798), 2 Bos. & Pull. 260.

“The Court is at liberty to transpose and mould clauses and words in a will so as to make the whole take effect.”

Sir Francis Buller, 1st Baronet

Doe v. Wilkinson (1788), 2 T. R. 223.

“A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.”

Sir Francis Buller, 1st Baronet

Jones v. Smart (1785), 1 T. R. 52.

Law