The Canadian Law Times, Volume 5
Carswell, 1885 - Canada
From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown."
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accepted action agent agreed agreement alleged allowed amount appeal application assignment authority Bank bill brought by-law Canada cause charge claim common Company condition contract corporation costs County Court creditor damages debt decision defendant directed Division duty effect English entered entitled evidence execution express fact filed further give given granted ground Held intention interest issued Judge judgment jurisdiction jury Justice land liable lien limited Master mortgage mortgagor motion necessary notice objection obtained Ontario owner paid party passed payment person plaintiff possession practice present principal proceedings Province provisions purchaser question Railway reason received recover referred refused registered respect respondent rule says shares ship solicitor statute subsequent sufficient suit taken tion trial trust unless vendor vessel Vict
Page 567 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 151 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 160 - ... on the faith of any contract or agreement in writing to consign, deposit, transfer, or deliver, such goods or documents of title as aforesaid...
Page 348 - Now they are not goods, not securities, nor documents for debts, nor are so esteemed; but are treated as money, as cash, in the ordinary course and transaction of business, by the general consent of mankind, which gives them the credit and currency of money to all intents and purposes. They are as much money as guineas themselves are, or any other current coin that is used in common payments as money or cash.
Page 484 - Priority of registration shall prevail unless before the prior registration there has been actual notice of the prior instrument by the person claiming under the prior registration.
Page 194 - A law, in the most general and comprehensive acceptation in which the term, in its literal meaning, is employed, may be said to be a rule laid down for the guidance of an intelligent being by an intelligent being having power over him.
Page 536 - ... necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel may have been within the body of a county, or upon the high seas, at the time when the services were rendered, or damage received, or necessaries furnished, in respect of which such claim is made.
Page 27 - While it may be just to hold the party authorizing the work in the former case exempt from liability for injury, resulting from negligence which he had no reason to anticipate, there is, on the other hand, good ground for holding him liable for...
Page 250 - It must not be forgotten that you are not to extend, arbitrarily, those rules which say that a given contract is void as being against public policy ; because if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by Courts of justice.