Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick, Volume 35New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen Carswell, 1902 - Law reports, digests, etc |
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action affidavit agent agreed alleged amendment amount appears application assessed authority Barker Belyea bond Canada Canada Temperance act cause certiorari charge city of Moncton city of Saint claim contract Cornwall costs council counsel county court damages debt defendant defendant's delivered discharge Dorchester Hotel duty entitled equity evidence execution facts given ground Hanington held horse illegal interest issued jurisdiction jury Justice Kelly Kings county LANDRY learned judge legislature liable lien liquor magistrate MCLEOD ment mortgage municipality nolle prosequi nonsuit notice Nova Scotia opinion paid Palmer pari delicto parties payable payment person petition petitioner plaintiff plea Port Elgin possession premium proceedings province question reason recover reference refused replevin Saint John Saint John county says supreme court tion trial trustee TUCK C. J. VANWART verdict vult Wallace Turnbull warrant Westmorland winding-up writ
Popular passages
Page 488 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole...
Page 293 - ... government, if they are independent of the corporation as to the tenure of their office and the manner of discharging their duties, they are not to be regarded as the servants or agents of the corporation, for whose acts or negligence it is impliedly liable, but as public or state officers, with such powers and duties as the statute confers upon them, and the doctrine of respondeat superior is not applicable.
Page 621 - a promise to pay the debt of another," within the Statute of Frauds.
Page 44 - Judges concurred, was that on the sale of goods in an open shop or warehouse there is an implied warranty on the part of the seller that he is the owner of the goods, and if it...
Page 159 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff...
Page 485 - Every contract hereafter entered into by a married woman, otherwise than as agent, (a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to...
Page 471 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Page 194 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 162 - If the assured Is not the sole and unconditional owner of the property ; or If any building intended to be insured stands on ground not owned in fee simple by the assured; or if the interest of the assured iu the property, whether as owner, trustee, consignee, factor, agent, mortgagee, lessee, or otherwise, Is not truly stated in this policy...
Page 205 - This is a contract to tempt a man to transgress the law, to do that which is injurious to the community : it is void by the common law; and the reason why the common law says such contracts are void, is for the public good. You shall not stipulate for iniquity. All writers upon our law agree in this, that no polluted hand shall touch the pure fountains of justice.