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Wright v New Zealand Farmers' Cooperative Association of Canterbury Limited - [1939] NZLR 388
$30.00
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Privy Council Wellington
27, 28 March; 27 April 1939
Lord Atkin, Lord Russell of Killowen, Lord Macmillan, Lord Wright, Lord Romer
27, 28 March; 27 April 1939
Lord Atkin, Lord Russell of Killowen, Lord Macmillan, Lord Wright, Lord Romer
Mortgage — Mortgagor and Mortgagee — Mortgage authorizing Mortgagee to sell on Terms — Whether bound to Credit Mortgagor with Whole of Purchase-money before Payment — Whether Right of Redemption revives on Rescission of Abortive Agreement to Sell pending Resale — Land Transfer Act, 1915, Fourth Schedule, cl 7 — Property Law Act, 1908, s 70 (1).
Statute of Limitations — Continuing Guarantee of Balance on Current Account — Liberty to Creditor to take Collateral Security — Such Security taken making Balance of Account payable "upon demand" — Advances made on Current Account and Notice demanding Payment made during Six Years prior to Action brought — Date from which Limitation ran — Statute of Limitations, 1623 (21 Jac I, c 16) — Statute of Limitations, 1833 (3 & 4 Wm IV, c 42).
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