Reports of Cases Decided in the Court of Appeal, 15. köideRowsell & Hutchison, 1890 |
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48 Vict action affirmed agree agreement alleged allowed amount appeal apply assessed assignment Baechler bank bill Brantford Broddy BURTON by-law carried chattel circumstances claim clause condition contract costs council creditors damages debt debtor deed defendants dismissed Division Court Divisional Court duty effect entitled evidence execution fact firm good-will Grand Trunk Railway HAGARTY held horse insolvent intended interest interpleader Island Joseph Hooper judgment jury Justice land learned Judge Legislature liable Mead ment mortgage municipality negligence notice nulla bona Ontario Ontario Bank opinion OSLER paid parties partner partnership PATTERSON payment person plaintiff proceedings provisions Queen's Bench Division question reason received recover referred Rideau street road shew shewn solicitor statement of claim statute street sub-sec taxes thereof ticket tion Toronto township township of Verulam trial trustees ultra vires words Yonge street
Popular passages
Page 762 - that no action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed or not. If,
Page 530 - that every sale of goods and chattels, not accompanied by an immediate delivery and followed by an actual and continued change of possession of the goods and chattels sold, shall be in writing, and such writing shall be a conveyance under the provisions of this Act, and shall be accompanied by an affidavit * * of
Page 424 - It is hereby especially agreed that this insurance as to the interest of the mortgagees only therein shall not be invalidated by any act or neglect of the mortgagor or owner of the property insured, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy. "And
Page 586 - whatever his real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth.
Page 171 - certainty but not so as to restrict the generality of the foregoing terms," proceeds to declare, first, affirmatively, that " notwithstanding anything in the Act," the exclusive legislative authority of Parliament extends to all
Page 154 - and every provision or enactment thereof shall be deemed remedial, and .shall accordingly receive such fair, large, and liberal construction and interpretation as will best insure the attainment of the object of the Act according to the true intent, meaning, and spirit thereof.
Page 533 - that every sale of goods and chattels not accompanied by an immediate delivery and followed by an actual and continued change of possession of the goods and chattels sold shall be in writing accompanied by an affidavit
Page 492 - the wages and personal earnings of a married woman, and any acquisitions therefrom, and all proceeds or profits from Any occupation or trade which she carries on separately from her husband, or derived from any literary, artistic, or scientific skill, and all investments of such wages, earnings, moneys, or property.
Page 20 - every person aggrieved by any neglect or refusal in the premises -shall have an action therefor against the company; from which action the company shall not be relieved by any notice, condition, or declaration, if the damage arises from an}' negligence or omission of the company, or of its servants.
Page 275 - For and in the name or names of all and every other person or persons to whom the same doth, may or shall appertain in part or in all.