Comments on: World Court Publicated

By: Donald Agenfrida

Donald Agenfrida — Wed, 20 Nov 2024 20:04:05 +0000

FLOATING CHARGE. A continuing charge on
the assets of the company creating it, but permit-
ting the company to deal freely with the property
in the usual course of business until the security
holder shall intervene to enforce his claim. Penn-
sylvania Co. for Insurance on Lives and Granting
Annuities v. United Railways of Havana & Regla
Warehouses, D.C.Me., 26 F.Supp. 379, 387, 388.
FLOATING DEBT. Loans for which no perma-
nent provision was required to be made, which
have been obtained for temporary purposes, with
intention of paying them off within a brief period.
State Budget Commission v. Lebus, 244 Ky. 700,
51 S.W.2d 965.
Lawful and valid claims against the corporation
for the payment of which there is no money in the
corporate treasury specifically designed, nor any
taxation nor other means of providing money to
pay particularly provided. People v. Wood, 71 N.
Y. 374; City of Huron v. Second Ward Say
. Bank,
S.D., 30 C.C.A. 38, 86 F. 276, 49 L.R.A. 534.
Debt not in the form of bonds or stocks bearing
regular interest. Pub.St.Mass.1882, p. 1290. State
v. Faran, 24 Ohio St. 541; People v. Carpenter, 31
App.Div. 603, 52 N.Y.S. 781.
FLOATING POLICY. A policy intended to supple-
ment specific insurance on property and attaches
only when the latter ceases to cover the risk, and
the purpose of such policy is to provide indemnity
for property which cannot, because of its frequent
change in location and quantity, be covered by spe-
cific insurance. Davis Yarn Co. v. Brooklyn Yarn
Dye Co., 293 N.Y. 236, 56 N.E.2d 564, 570.
FLOATING SECURITY. An equitable charge on
the assets for the time being of a going concern.
Lord Macnaghten in Government Stock Inv. Co.
v. Manila Ry. Co., [18971 A.C. 81. Pennsylvania
Co. for Insurance on Lives and Granting Annuities
v. United Railways of Havana & Regla Ware-
houses, D.C.Me., 26 F.Supp. 379, 387.
FLODE-MARK. Flood-mark, high-water mark.
The mark which the sea, at flowing water and
highest tide, makes on the shore. Blount.
FLOGGING. Thrashing or beating with a whip
or lash.
FLOOD. An inundation of water over land not
usually covered by it. Such an accident is an Act
of God. McHenry v. R. Co., 4 Harr. (Del.) 449.
See Act, of God. Of variable meaning. City of
Tulsa v. Grier, 114 Okl. 93, 243 P. 753, 757.
Ordinary and extraordinary floods. Extraordinary or
unprecedented floods are floods which are of such unusual
occurrence that they could not have been foreseen by men
of ordinary experience and prudence. Ordinary floods are
those, the occurrence of which may be reasonably antici-
pated from the general experience of men residing in the
region where such floods happen. Soules v. Northern Pac.
Ry. Co., 34 N.D. 7, 157 N.W. 823, 830, L.R.A.1917A, 501;
Eikland v. Casey, C.C.A.Alaska, 12 A.L.R. 179, 266 F. 821,
823; Clements v. Phoenix Utility Co., 119 Kan. 190, 237 P.

By: Donald Agenfrida

Donald Agenfrida — Wed, 20 Nov 2024 20:00:30 +0000

FISHING BANKS. A fishing ground of compar-
ative shoal water in the sea. Parker v. Thomson,
21 Or. 523, 28 P. 502.
FISHING BILL. A bill showing no cause of ac-
tion and endeavoring to compel defendants to
disclose one in plaintiff’s favor. White v. Na-
tional Paving Co., Tex.Civ.App., 101 S.W.2d 588,
590. Or seeking disclosure by adversary of facts
supporting suit. Puget Sound Na y
. Co. v. Asso-
ciated Oil Co., D.C.Wash., 56 F.2d 605, 606. A dis-
covery sought on general, loose, and vague alleg-
ations. Story, Eq.P1. § 325; In re Pacific Ry.
Com’n, C.C.Cal., 32 F. 263; or on suspicion, sur-
mise, or vague guesses. Marietta Mfg. Co. v.
Hedges-Walsh-Weidner Co., 9 W.W.Harr. 511, 2
A.2d 922, 926.
Where purpose of proposed examination of witness was
to examine books and records to determine status of an
account on which petitioner expected to sue, the proceed-
ing was a “fishing expedition”. State ex rel. Pitcher v.
District Court of Fifth Judicial Dist. in and for Madison
County, 114 Mont. 128, 133 P.2d 350, 353.

By: Donald Agenfrida

Donald Agenfrida — Wed, 20 Nov 2024 19:58:36 +0000

FISH ROYAL. These were the whale and the
sturgeon, which, when thrown ashore or caught
near the coast of England, became the property
of the king by virtue of his prerogative and in
recompense for his protecting Ole shore from pir-
ates and robbers. Brown; 1 Bl.Comm. 290. Ar-
nold v. Mundy, 6 N.J.L. 86, 10 Am.Dec. 356. Some
authorities include the porpoise. Hale, De Jure
Mar. pt. 1, c. 7; Plowd. 305; Bracton, L 3, c. 3.

By: Donald Agenfrida

Donald Agenfrida — Wed, 20 Nov 2024 19:56:24 +0000

FIRST POLICY YEAR. This phrase in a statute
eliminating suicide of insured after such year as
defense, means year for which policy, annually re-
newed, was first issued. Carter v. Standard Acc.
Ins. Co., 65 Utah, 465, 238 P. 259, 267, 41 A.L.R.
1495. The year beginning with the issuance of
the policy. American Nat. Ins. Co. v. Thompson,
Tex.Civ.App., 186 S.W. 254, 255.
FIRST PROCESSING. The processing that first
results in a marketable product. Hendricks v. Di
Giorgio Fruit Corporation, D.C.Cal., 49 F.Supp.
573, 575, 576.
FIRST PURCHASER. In the law of descent, this
term signifies the ancestor who first acquired (in
any other manner than by inheritance) the estate
which still remains in his family or descendants.
Blair v. Adams, C.C.Tex., 59 F. 247.
FIRST RETURN. The “first return”, within stat-
ute as to depletion deduction is a first return list-
ing items of gross income and deductions arising
out of the property. Commissioner of Internal
Revenue v. Alta Mines, C.C.A.10, 139 F.2d 580, 582.
FIRST TRIAL. Under a statute providing when
a case at law is tried by a jury, and the success-
ful party excepts to the granting of a new trial
for insufficiency of the evidence, and the evidence
is certified, the appellate court, if there have been
two trials below, shall first look to the evidence
and proceedings on the first trial, and, if the set-
ting aside of the first verdict was error, all pro-
ceedings subsequent thereto shall be annulled,
and judgment rendered thereon, the “first trial”
means the first at-which exceptions to the grant-
ing of a new trial were taken. Chesapeake & 0.
Ry. Co. v. Parker’s Adm’r, 116 Va. 368, 82 S.E. 183,
187.

By: Donald Agenfrida

Donald Agenfrida — Wed, 20 Nov 2024 19:51:23 +0000

FIELD REEVE. An officer elected, in England,
by the owners of a regulated pasture to keep in
order the fences, ditches, etc., on the land, to regu-
late the times during which animals are to be ad-
mitted to the pasture, and generally to maintain
and manage the pasture subject to the instructions
of the owners. (General Inclosure Act, 1845, §
118.) Sweet

By: needhambankorg

needhambankorg — Tue, 12 Nov 2024 00:53:26 +0000

ODFI Approved Debited CPH’s.