Reports of cases argued and determined in the Supreme court of New Brunswick [1867-71].1878 |
From inside the book
Results 1-5 of 38
Page 104
... logs , for which the plaintiff agreed to pay him , after paying the amount of the defendant's account due the plaintiff , at the rate of sixteen shillings per thousand feet . Held , in an action on this agreement that parol evidence was ...
... logs , for which the plaintiff agreed to pay him , after paying the amount of the defendant's account due the plaintiff , at the rate of sixteen shillings per thousand feet . Held , in an action on this agreement that parol evidence was ...
Page 105
... logs , should be admitted to change the plain terms of the contract . The only fair interpretation that can be given to it is , that sixteen shillings . per thousand was to be the price of all the logs . Palmer , Q. C. The agreement by ...
... logs , should be admitted to change the plain terms of the contract . The only fair interpretation that can be given to it is , that sixteen shillings . per thousand was to be the price of all the logs . Palmer , Q. C. The agreement by ...
Page 106
... logs as soon after the opening of navigation as practicable , for which the plaintiff agreed to pay him , after paying his account , at the rate of sixteen shillings per thousand , cash , on delivery of the logs . The defendant tendered ...
... logs as soon after the opening of navigation as practicable , for which the plaintiff agreed to pay him , after paying his account , at the rate of sixteen shillings per thousand , cash , on delivery of the logs . The defendant tendered ...
Page 122
... logs by the 10th July then next , -Averment , that although the time for the delivery of the logs had elapsed , and the plaintiff was ready and willing to receive them , yet F. did not deliver them . whereby , & c . The fourth count ...
... logs by the 10th July then next , -Averment , that although the time for the delivery of the logs had elapsed , and the plaintiff was ready and willing to receive them , yet F. did not deliver them . whereby , & c . The fourth count ...
Page 123
James Hannay. DesBrisay v . McLeod . logs , whereby plaintiff's mill was kept idle . Fifth count , that in consideration that the plaintiff had assigned to the defendant a cer- tain license , then and there agreed on between them , the ...
James Hannay. DesBrisay v . McLeod . logs , whereby plaintiff's mill was kept idle . Fifth count , that in consideration that the plaintiff had assigned to the defendant a cer- tain license , then and there agreed on between them , the ...
Other editions - View all
Reports of Cases Argued and Determined in the Supreme Court of New Brunswick ... James Hannay No preview available - 2016 |
Reports of Cases Argued and Determined in the Supreme Court of New Brunswick ... James Hannay No preview available - 2015 |
Common terms and phrases
action admitted affidavit agreed agreement alleged ALLEN amount answer application assessment assumpsit attorney bill Botsford bound Brunswick certiorari charge claim commissioners Company contended contract costs counsel County Court of Equity damages debtor debts declaration deed defendant defendant's delivered the judgment discharged Dowling duty entitled equity evidence execution fact Foster & Swazey Fredericton Germantown Lake Gilbert Gilpin ground heirs held Hilary Term insolvent intended interest interrogatory John jury Justice Lake District land learned Judge lease liable logs lumber ment Michaelmas Term mortgage nonsuit notice owner paid Parliament of Canada party payment person plaintiff possession probable cause Probate Court proceedings Queen question received recover refused RITCHIE rule nisi S. R. Thomson says sheriff shewed cause Smith Stat Statute Statute of Frauds suit Term last testator tion trial Turner verdict vessel Vict vult Weldon Westmorland
Popular passages
Page 493 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Page 555 - Order and Good Government of Canada in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated,...
Page 555 - And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
Page 555 - Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say: (1) The Public Debt and Property.
Page 495 - G., in Easter Term last, obtained a rule nisi for a new trial, on the grounds of misdirection and that the verdict was against evidence.
Page 555 - The constitution of the Legislature of each of the Provinces of Nova Scotia and New Brunswick shall, subject to the provisions of this Act, continue as it exists at the union until altered under the authority of this Act...
Page 100 - States a certain registered letter received by plaintiff as postmaster at , on or about the day of , 19 — , and upon such charge the defendant falsely and maliciously and without any reasonable or probable cause...
Page 555 - The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section: 16.
Page 536 - ... the common law, in such a case, imposes a duty upon the proprietors, not perhaps to repair the canal, or absolutely to free it from obstructions, but to take reasonable care, so long as they keep it open for the public use of all who may choose to navigate it, that they may navigate without danger to their lives or property.
Page 327 - Serjt., on a former day in this term moved for a rule nisi on both these objections, when, it being suggested on the part of the plaintiff, that the statute 34 G.